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  1. #1
    kmerriman is offline Junior Member
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    Custody of baby when parents aren't married

    What is the name of your state? Texas

    I live in Texas and I have a question concerning my 6 month old niece. My sister is 20 and her ex boyfriend 21. He is the father and filled out the paper work in the hospital stating so. They were living together but have recently separated. My sister took the baby with her and things seemed to be civil at first. She let him have the baby for a visitation and now he is upset with her because she doesn't want to get back together and he wont give her the baby back. I don't know if he can legally keep her or what the law is. I spend a lot of time with my niece and am very worried about her. Who actually has the right to legal custody and what can we do to get the baby back.
  2. #2
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by kmerriman
    What is the name of your state? Texas

    I live in Texas and I have a question concerning my 6 month old niece. My sister is 20 and her ex boyfriend 21. He is the father and filled out the paper work in the hospital stating so. They were living together but have recently separated. My sister took the baby with her and things seemed to be civil at first. She let him have the baby for a visitation and now he is upset with her because she doesn't want to get back together and he wont give her the baby back. I don't know if he can legally keep her or what the law is. I spend a lot of time with my niece and am very worried about her. Who actually has the right to legal custody and what can we do to get the baby back.
    Tell your sister to get off her fat ass and call the police. Geeez people, is it so hard to understand?
  3. #3
    kmerriman is offline Junior Member
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    Do you have to be so rude? I think most people are truly on here for help and your mean remarks aren't helping anyone. I don't know where you live but in Texas the police don't do crap in helping you get your kids back. I've already been down that road but me and my ex were married at a point in time so it could be different. I don't know and that is why I was asking for help. You sound like a truly awful person with nothing better to do than sit around and insult people. Maybe you should get a life!
  4. #4
    ceara19 is offline Senior Member
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    Quote Originally Posted by kmerriman
    What is the name of your state? Texas

    I live in Texas and I have a question concerning my 6 month old niece. My sister is 20 and her ex boyfriend 21. He is the father and filled out the paper work in the hospital stating so. They were living together but have recently separated. My sister took the baby with her and things seemed to be civil at first. She let him have the baby for a visitation and now he is upset with her because she doesn't want to get back together and he wont give her the baby back. I don't know if he can legally keep her or what the law is. I spend a lot of time with my niece and am very worried about her. Who actually has the right to legal custody and what can we do to get the baby back.
    Bad news, if he's on the birth certificate and there is no court order he does not HAVE to give the baby back. He's the legal father.

    Good news, if she can get her back, she doesn't have to give him visitation until there is a court order.

    Is dad in anyway a danger to the baby or living in an unacceptable environment? If so she can call CPS.

    You're right, the police won't do anything to help when the child is with dad. Is he with her 24/7. Does he go to work? Have someone watch him and next time he leaves the child with someone else, even a daycare, the police WILL go with her to get her daughter. She needs to wait to approach until they are there so no one has a chance to call dad.

    She really needs to get to court ASAP. If she can't afford an attorney check with legal aid about getting an emergency custody order. Good Luck.
  5. #5
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by ceara19
    Bad news, if he's on the birth certificate and there is no court order he does not HAVE to give the baby back. He's the legal father.

    Good news, if she can get her back, she doesn't have to give him visitation until there is a court order.

    Is dad in anyway a danger to the baby or living in an unacceptable environment? If so she can call CPS.

    You're right, the police won't do anything to help when the child is with dad. Is he with her 24/7. Does he go to work? Have someone watch him and next time he leaves the child with someone else, even a daycare, the police WILL go with her to get her daughter. She needs to wait to approach until they are there so no one has a chance to call dad.

    She really needs to get to court ASAP. If she can't afford an attorney check with legal aid about getting an emergency custody order. Good Luck.
    I suggest you take your OPINION to a judge and find out how dangerous it is. And WRONG. A piece of paper does not convey LEGAL rights. Only the court, in an unmarried situation, can do that. An acknowledgment of paternity ONLY acknowledges that the signor accepts paternity, NOT that any legal rights are conveyed.

    ONLY the court can do that.
  6. #6
    kmerriman is offline Junior Member
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    ceara19, Thanks so much for your input and information. It really answered the question I needed help with.
  7. #7
    kmerriman is offline Junior Member
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    Belize Breeze, You seem like a total a-hole with some sort of chip on your shoulder. If you aren't on here to help and give people some positive helpful advice, then you should spend your time doing something else. This forum is supposed to be used for people to get answers to questions that they have, not to be insulted by rude people like you. I do hope that you have a very nice day today!!
  8. #8
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by kmerriman
    Belize Breeze, You seem like a total a-hole with some sort of chip on your shoulder. If you aren't on here to help and give people some positive helpful advice, then you should spend your time doing something else. This forum is supposed to be used for people to get answers to questions that they have, not to be insulted by rude people like you. I do hope that you have a very nice day today!!
    Listen you IDIOT, what cerara told you will land you in jail, Plain and simple.

    If that's the kind of LEGAL advice you want, then don't bother coming back here when you are arrested.

    YOU have no rights to do anything. Now, if you want to argue that call the police and ask them what will happen should you follow this idiot advice.
  9. #9
    ceara19 is offline Senior Member
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    Quote Originally Posted by kmerriman
    ceara19, Thanks so much for your input and information. It really answered the question I needed help with.
    You're welcome. Don't worry, it won't land you in jail. You are not the one going to pick up the child. Her MOTHER is. Until a court order is established in the state of Texas, the parents listed on the birth certificate both have equal rights and the police will NOT get involved if the only parties involved are the parents. They WILL however get involved if one party is a PARENT and one is not (ie-mom picking her up at daycare).
  10. #10
    Shay-Pari'e is offline Senior Member
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    Quote Originally Posted by ceara19
    You're welcome. Don't worry, it won't land you in jail. You are not the one going to pick up the child. Her MOTHER is. Until a court order is established in the state of Texas, the parents listed on the birth certificate both have equal rights and the police will NOT get involved if the only parties involved are the parents. They WILL however get involved if one party is a PARENT and one is not (ie-mom picking her up at daycare).
    And you claim to have gone to law school? You are so seriously wrong with this advice.

    The mother is the only one with rights to the child untill the father get's court orders stating otherwise.

    Law School, my A%%.
  11. #11
    ceara19 is offline Senior Member
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    Quote Originally Posted by --PARIDISE--
    And you claim to have gone to law school? You are so seriously wrong with this advice.

    The mother is the only one with rights to the child untill the father get's court orders stating otherwise.

    Law School, my A%%.
    TX

    In the state of Texas Any parent, as named om the BC, has presumed rights to access of the child until a Judge orders otherwise
    .
    Last edited by ceara19; 10-22-2005 at 05:37 AM.
  12. #12
    betterthanher Guest
    Quote Originally Posted by ceara19
    TX

    In the state of Texas Any parent, as named om the BC, has presumed rights to access of the child until a Judge orders otherwise
    .
    OK...just so I am not "informed" of being rude again, I will clean this up.

    SHUT THE HELL UP!!!!

    Please post a statute that claims the father of a child born from an unmarried relationship automatically retains custody until the establishment of parental rights and responsibilities by a court.

    You are hereby ordered to provide that state statute. Nothing else. Until you do, shut your uneducated hole.
    The advice (opinion) you are giving this OP is highly illegal. Let me guess -- you're one of the fools who got pregnant from someone and said "but we only did it once."

    What you posted states ACCESS (i.e. - visiting the child). Access and custody are not the same thing. Not even close. Go ahead and continue to argue this with us.

    You really should be banned.
    Last edited by betterthanher; 10-22-2005 at 05:49 AM.
  13. #13
    ceara19 is offline Senior Member
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    Quote Originally Posted by betterthanher
    OK...just so I am not "informed" of being rude again, I will clean this up.

    SHUT THE HELL UP!!!!

    Please post a statute that claims the father of a child born from an unmarried relationship automatically retains custody until the establishment of parental rights and responsibilities by a court.

    You are hereby ordered to provide that state statute. Nothing else. Until you do, shut your uneducated hole.
    The advice (opinion) you are giving this OP is highly illegal. Let me guess -- you're one of the fools who got pregnant from someone and said "but we only did it once."

    What you posted states ACCESS (i.e. - visiting the child). Access and custody are not the same thing. Not even close. Go ahead and continue to argue this with us.

    You really should be banned.
    Like I said earlier, IF the dad is on the BC he has equal rights in the state of tx, if there is no standing court order

    Texas is a joint custody state. Maybe it is you who should brush up on thier Texas Law.

    As for MY chidren's parantage, I was married for quite some time before I even got Pregnant, so whe "did it" many moore times than once.
  14. #14
    chiqu1977 is offline Junior Member
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    has the father proved paternity in court by dna?until he does that he is legally not the father and custody is usally with the mother if you were not married.anyone can sign the paper in the hospital but it is not recognized in court so i would go and get my child if i was you.
  15. #15
    Shay-Pari'e is offline Senior Member
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    Quote Originally Posted by ceara19
    TX

    In the state of Texas Any parent, as named om the BC, has presumed rights to access of the child until a Judge orders otherwise
    .
    Statute please? If you are in law school, LMAO, then this should be an easy task for you.

    You are having to be corrected all over this forum.

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