Asked 3/21/2016 – Houston, TX

I have a 5 yr old daughter, whom in which I have not seen or heard from since the summer of 2015…I later found out that the mother went on the run from authorities (stemming from a drug possession conviction) and has since been apprehended and is now incarcerated. I have made several (3) complaints to cps in Dallas (I live in Houston) and have been turned away because i am NOT recognized by the state as her biological father. I was awarded full custody of my oldest 2 children 4/6/2011 but, in that situation, paternity was already established from birth. I am trying to establish paternity in my current situation but it seems to be next to impossible because there is no record of me as the father on her birth certificate. Is there anyone who can even point me in the right direction, please? I have no felony criminal history, I don’t drink or do drugs of any kind, and I am already raising 2 children as a single father…my daughter needs to be with her family, not her mom’s criminal companions surrounding drugs and prostitution…please help me!

Answer

You will have to file a petition to determine parentage, have a DNA test performed and have a court order entered naming you as the biological father before you can proceed on the custody issue. If there is a pending CPS case with your daughter, the petition can be filed in that court and cause number Contact a family law attorney in the Dallas area to get started.