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Marcia Hughes

Junior Member
What is the name of your state (only U.S. law)? Louisiana My son has had two children with a woman who is married and separate from her husband who lives in Texas. Both of my son children have her husbands last name and have him listed on the birth certificates as their father. She is planning on leaving my son going back to Texas. Both she and my son have lost their drivers license because of DWI's. My son has been in trouble with police, and has been put in jail several times. She is unpredictable, feels she has mental issues. Both have violent and uncontrollable tempers, bad language. Would like to have custody of children until they can get their lives straighten out, along with themselves. They rent an old run down trailer, constantly borrowing money to make ends me. It just keeps going on and on. What can I do?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Louisiana My son has had two children with a woman who is married and separate from her husband who lives in Texas. Both of my son children have her husbands last name and have him listed on the birth certificates as their father. She is planning on leaving my son going back to Texas. Both she and my son have lost their drivers license because of DWI's. My son has been in trouble with police, and has been put in jail several times. She is unpredictable, feels she has mental issues. Both have violent and uncontrollable tempers, bad language. Would like to have custody of children until they can get their lives straighten out, along with themselves. They rent an old run down trailer, constantly borrowing money to make ends me. It just keeps going on and on. What can I do?
legally speaking, if mom is married to another man while having these two children, your son doesn't have any children. her husband does. and you don't have any grandchildren.

husband is legal dad. he has the right to sue for custody before you do.

and FYI, bad language is not a crime.
 

Ohiogal

Queen Bee
Your son would have to file to establish paternity and have the actual legal father disestablished. He may also want to take that chance (his only one) to get a paternity test on each child.

IOW, you have no case at all. Even if they swear, are broke, drink, and cannot legally drive.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Louisiana My son has had two children with a woman who is married and separate from her husband who lives in Texas. Both of my son children have her husbands last name and have him listed on the birth certificates as their father. She is planning on leaving my son going back to Texas. Both she and my son have lost their drivers license because of DWI's. My son has been in trouble with police, and has been put in jail several times. She is unpredictable, feels she has mental issues. Both have violent and uncontrollable tempers, bad language. Would like to have custody of children until they can get their lives straighten out, along with themselves. They rent an old run down trailer, constantly borrowing money to make ends me. It just keeps going on and on. What can I do?
There is nothing that you can do at all. Your son is not the legal father of the children, her husband is. Unless your son disestablishes her husband's legal paternity and establishes his own, you have absolutely no standing of any kind regarding the children.
 

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