TX custody rights for unwed

[niapia]

What is the name of your state (only U.S. law)? TX

Can someone tell me the unwed mother rights in TX. Also if I have agreed to joint custody, what exactly does that include in TX. I will be the primary caretaker, but want the father in the child's life. If there is a disagreement what happens? Also if the child lives with the mother can the father come at anytime to pick up the child? He travels 3 to 4wks what if when he is in town or days are conflicting with my schedule, how is that handled legally. I have an older child and between her schedule and my own out days are long. I have only been concerned recently since his friends are encouraging him to take me to court even though I already confirmed with him he can see his child whenever he likes as long as it isn't conflicting with our schedules. My schedule is pretty consistent but his changes everyday. One more what if I relocate out of state due to job? Just want to be prepared for the worst and know what he can do legally. Hopefully it won't come to this we use to have a great relationship but since the baby he has changed and is becoming unpredictable.

 

[CourtClerk]

I already confirmed with him he can see his child whenever he likes as long as it isn't conflicting with our schedules.

It doesn't work like that honey. His friends are right, he needs to take you to court and get a SET schedule in which to see his child because I can see it now, your schedule will conflict and he'll be left with nothing or what you choose to give him, but you will expect that check to come whether your schedule conflicts or not.

As for moving out of state, once the court gives him his rights as a parent, you can move where ever you would like to move. You will need his permission or a court order to take his child out of state.

 

[SIN EATER]

You have the same rights as a married parent, once paternity is established.

The cheapest way is to use the IV-D agency in your area (google Office of the Attorney General Texas and go to the Child Support section - you can fill out an application online).

Texas IV-D agencies will establish Paternity (using Genetic Tests if parents are unmarried or if there was no Acknowledgment of Paternity filed), set current child support, calculate and charge retroactive child suppost (Tx goes back four years from the date of application to calc retro c/s), medical support, and issue custody & possession/access orders (in Tx it's usually Joint Managing Conservators).

IV-D agencies (and most Tx District Courts) use Tx Standard Possession Orders regarding possession & access (usually 1,3,5th weekends to Obligor (non-custodial parent) and portions of holidays/vacations). If the child is younger than 3, or hasn't bonded with the Obligor, there is a 'break-in' sheet added to the possession orders (usually several months of three/four-hour a day visits once a wk, to longer periods, then on to overnights).

Tx Standard Possession Orders name a 'Primary' JMC (the custodial parent & the one who will receive child support); there is a check box on the form stating that parent has the right to chose the residence of the child without any geographic restriction. That is usually the default position, but it can be changed to a zip code or county or state restriction.

And the best of using a IV-D agency ??? It's FREE (we, the taxpayers foot the bill).

 

[Ronin]

Tx Standard Possession Orders name a 'Primary' JMC ... there is a check box on the form stating that parent has the right to chose the residence of the child without any geographic restriction. That is usually the default position, but it can be changed to a zip code or county or state restriction.

SINNEATER - whatever form you refer to, it is not an official state form. It may be a form some law firm setup for their own use or possibly implemented in a local court's rules. The SPO is outlined in Texas Family Code Title 5 Subchapter F. In Texas there is no presumption or default that the custodial JMC parent will be able to choose the residence without geographic restrictions imposed. The public policy of this state (153.001) presumes pretty much the opposite.

 

[chynna1502]

Start here

Texas Attorney General


This will help a lot in getting things going. IF you can afford a laywer, it will be much quicker. The AG takes a while, but they do it without any cost.

As other's have stated, you have the same rights as a married couple


Here are the family codes for Texas
Title 5 will show you the standard custody/child support laws

Family Code

 

[SIN EATER]

SINNEATER - whatever form you refer to, it is not an official state form. It may be a form some law firm setup for their own use or possibly implemented in a local court's rules. The SPO is outlined in Texas Family Code Title 5 Subchapter F. In Texas there is no presumption or default that the custodial JMC parent will be able to choose the residence without geographic restrictions imposed. The public policy of this state (153.001) presumes pretty much the opposite.

Ahhh ... yes, the 'form' I refer to is the Office of the Attorney General, which is the IV-D agency in Texas.
Standard Possession Orders are used in Tx Child Support cases establishing Paternity; the common order (or 'default' position) is JMC with no geo restriction.

What did you not understand ??? Do you understand my reference to the IV-D program and their use of SPOs ??

PS: District Courts have wide discretion in deciding whether parents can relocate. Public policy appears to depend on what region in Texas you are, and get real: most parents don't have the money to appeal Judge's decisions.