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who has the rights to children?

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gidda

Junior Member
What is the name of your state (only U.S. law)? TX
I am the grandmother of a 7 month old girl and a 3 yr old girl. My son and his girlfriend were never married; they were together about 3 1/2 yrs. They have split up; she took the girls and moved to another town about 7 hours away. She moved in with 2 guys one of which was her sisters ex boyfriend. She and the kids were staying in the living room. She had the girls come and visit a couple of times but they were always returned to her. She then left the girls with my son and said she needed time to get a job and get her act together. She decided to go to Denver, Colorado instead. She has been gone for a month with no contact to see how the girls are. I own my home so my son 27 decided to come and live with me so I can help with the girls. We want the girls to stay here with us but the mother has now decided she doesn't want us to have them and wants to take them back to Denver so my son can never see them again. She plans on showing up Friday to get them (heard this through my daughter in law) she has not contacted us to inform us of her plans. My question is, doesn't she have to take him to court for custody before she can legally take them from us? They have no legal document between them whatsoever about custody.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? TX
I am the grandmother of a 7 month old girl and a 3 yr old girl. My son and his girlfriend were never married; they were together about 3 1/2 yrs. They have split up; she took the girls and moved to another town about 7 hours away. She moved in with 2 guys one of which was her sisters ex boyfriend. She and the kids were staying in the living room. She had the girls come and visit a couple of times but they were always returned to her. She then left the girls with my son and said she needed time to get a job and get her act together. She decided to go to Denver, Colorado instead. She has been gone for a month with no contact to see how the girls are. I own my home so my son 27 decided to come and live with me so I can help with the girls. We want the girls to stay here with us but the mother has now decided she doesn't want us to have them and wants to take them back to Denver so my son can never see them again. She plans on showing up Friday to get them (heard this through my daughter in law) she has not contacted us to inform us of her plans. My question is, doesn't she have to take him to court for custody before she can legally take them from us? They have no legal document between them whatsoever about custody.


Nope. She is the only LEGAL custodian at this point and can come and get the kids whenever she wants.

Had they been married my answer would have been different but since the weren't, and no custody orders are in place, Mom is the only one with any rights to the kids at the moment.

Your son needs to file to establish legal paternity (if that hasn't been done), and file for custody.
 

LdiJ

Senior Member
Nope. She is the only LEGAL custodian at this point and can come and get the kids whenever she wants.

Had they been married my answer would have been different but since the weren't, and no custody orders are in place, Mom is the only one with any rights to the kids at the moment.

Your son needs to file to establish legal paternity (if that hasn't been done), and file for custody.
And, he would have to file where jurisidiction is legally established. That may be the place that is 7 hours away from where you are.
 

gidda

Junior Member
Forgot to mention that the kids have his last name not hers on the birth certificates. Would that make a difference then? We will still go file for custody though when we can find some legal aid. Thanks for your advice. gidda
 

Antigone*

Senior Member
Forgot to mention that the kids have his last name not hers on the birth certificates. Would that make a difference then? We will still go file for custody though when we can find some legal aid. Thanks for your advice. gidda
No, that wouldn't make a bit of difference. If paternity has not been legally established then the only parent these children have is their mother.
 

dannyt

Member
you have no rights

Forgot to mention that the kids have his last name not hers on the birth certificates. Would that make a difference then? We will still go file for custody though when we can find some legal aid. Thanks for your advice. gidda
the only one who can file for custody is your son. you have no rights to these children at all
 

garrula lingua

Senior Member
Son needs to hire a Family Law attorney immediately.

He will need the attorney to file a Paternity Petition, or alternatively, a Petition for Divorce (if there was a common-law marriage), naming the children as children of the common-law marriage.

Son also needs emergency (ex parte) orders to keep the children in Texas & orders that the children should not be removed from their Tx home, during the pending case, without the approval of the court.

Common law marriages are dicey in Texas. You can either register them, or a party can maintain that they cohabited & held themselves out as husband & wife; if there was a common law marriage, either party can file for divorce in the two-year period after separation (longer than 2 years & the court considers there wasn't a marriage).

See an attorney. The attorney can best advise, based on your son's information. If you check your County Bar Association, they usually maintain a list of attorneys who offer a low-cost consultation.
Ask for an attorney who is family law board-certified.

You must act quickly.

An alternative is for Son to go down to the Attorney General's Office and file an application for services - for Paternity (however, that is a slow process; free, but slow. It would take months for them to file in court).
You can do a combo - have son fill out an application w/Office of Atty Gen'l & hire a private atty to file Paty; give OAG a copy of your file-stamped Paty Petition, and OAG wil file as an additional party & will appear in the Paty suit (that gets your case to court quicker).

You really need to hire an attorney.
Without something showing parentage (an Acknowledgment of Paternity, a registered common-law marriage, a tax return showing married & filing joint, or a marriage certificate) your son really has no right to the child.

If Mom calls the police to have the child returned to her, the police should assist Mom.
 

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