Can I Get Custody of My Child if Her Mom is in Jail

My question involves a child custody case from the State of: Texas,
I have two kids one which lives with me and the other with her mother, well till recently I found out she is in Jail. Now her grandmother has her. I am not on the Birth Certificat since she always hid it from me. Then when she told be about her I have tried to visit and buy her things but the mother and grandmother do not let me see her. But now that she is in jail can I get custody of her like I do of my son.

File for establishment of paternity.

If by "I am not on the Birth Certificat since she always hid it from me" you mean that you have chosen not to formalize your paternity and have chosen not to establish any custody or visitation rights, there's no time like the present to make a different choice. Mom can't stop you from filing a paternity case.

Start here.

I am trying to get a paternity test done, and the only way I found out she is in jail is cause I started the application for voluntary child support. Now when and if it comes out that she is mine will they give her to me or do I have to go through court to get her. Where can I find out what are a fathers fights.

If your mouse isn't broken, click the link provided above, read the information provided, and proceed with a paternity action.

Thank You for that information

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Quoting felix81

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I am trying to get a paternity test done, and the only way I found out she is in jail is cause I started the application for voluntary child support. Now when and if it comes out that she is mine will they give her to me or do I have to go through court to get her. Where can I find out what are a fathers fights.

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Yes, you are going to have to file to establish paternity and yes you will have to file for custody in order to have any shot at getting custody. Now, since you are a total stranger to the child whether or not you would be successful in obtaining custody could depend highly on how long mom is going to be in jail, and what she is in jail for.

I am not sure exactly why or how long she will be in jail, but more then likely it is for drugs. That's how I have our other son. I have had him since he was 3 months.

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Quoting felix81

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I am not sure exactly why or how long she will be in jail, but more then likely it is for drugs. That's how I have our other son. I have had him since he was 3 months.

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More than likely isn't going to cut it. So, you are saying that after impregnating this woman once, and after her going to jail and you getting custody of your son, you impregnated her again?

It was not planned and it was just like a one night stand, that's why I am getting the paternity test done.