If a mother already has a child in foster care and has another baby after, can the father of the new baby automatically get full custody of his child?

Asked on September 12, 2012 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

"Automatically" is an assumption here that can not be made.  First, if the parents of the child were never married then the Mother is considered under the law to be only legal guardian.  The Father has to establish parentage - that he is the father - and then make an application to the court for custody.  The reasons behond why the other child is in foster care have not been given here but if the pacement was possibly made to insure the safety and well being of the child then maybe that could bolster your request for custody.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.