Can a father married to another woman get primary custody of our baby? 1 Answers as of May 25, 2011I'm a single mother of a 1.5 yr old who I have sole custody over & am now 6 months pregnant with a child from another man. This man is married, he had told me he was separated & in the process of getting divorced but ultimately that did not happen. He makes a lot more money than I do & I was wondering what my rights are as the mother, I want primary custody & if he can try to get primary custody on the basis that he makes more money & the fact that my daughters father, whom I have an indefinite restraining order for my daughter against, was recently in prison for assault with intent known bodily injury to a child(not my daughter) which happened back in 2000. This man is not & never will be in our lives. We live in Texas.
Reeves Law Firm, P.C. | Roy L. Reeves
You need to sit with a lawyer and give more details. I cannot assess the case based on what you have said here. That said, I can tell you that both parents are parents and both parents (married, not married, one married to a third person). Marital status has little or no affect on child custody. It has no affect whatsoever on rights. Either you are the mother (biologically or legally via adoption) which means you have rights, or you are not the mother and therefore have no rights. Same goes for Dad. He is either Dad and has rights or he is not Dad and therefore has no rights. Until a court says otherwise, both mom and dad have equal rights. Your ex is out of the picture, based on what you say her, that is good. But in the end, it will make very little difference in the case.
Answer Applies to: Texas