Not married but had a child - but want custody - what to do?

[JohnnyStephanie]

Live in Texas - had a girlfriend - she moved in with me and we had a baby 3 1/2 yrs ago. She was in and out of my residence over a period of 4 yrs. She called and wanted me to come get my son stating she no longer wanted him. I have had him in my possession for the past 4 months. I need to know what I can do to keep him with me - I want sole custody! What are my parental rights? Is there still common law marriage in Texas? If so, what do I need to do regarding the custody? She has stated to my some of my family members - she doesnt want him. Isnt this considered abandonment? Will we need to get lawyers involved and go to court to fight this battle? Please help!!

 

[navywife_tx]

Are you listed as the father on his birth certificate? My suggestion is to get a lawyer to file for sole custody of your son. You can continue it the way it is, that she SAID she no longer wanted him and then in a few months or a year she can come back and decide that she wants him back. You MUST get it done legally so that she can't come back and decide that she now wants him. In the past 4 months has she come to visit him at all? If she hasn't had any contact with him then i would think that that would go towards your favor.

 

[navywife_tx]

Are you listed as the father on his birth certificate? My suggestion is to get a lawyer to file for sole custody of your son. You can continue it the way it is, that she SAID she no longer wanted him and then in a few months or a year she can come back and decide that she wants him back. You MUST get it done legally so that she can't come back and decide that she now wants him. In the past 4 months has she come to visit him at all? If she hasn't had any contact with him then i would think that that would go towards your favor.

 

[JohnnyStephanie]

Yes I am on the birth certificate. She was just calling about every 6 weeks but now she has learned that my girlfriend has been staying home with him so now shes been calling everyday and now has decided she wants to see him and has threatened to get the police to get her son - but can she? I have looked at getting an attorney but really unsure what steps I should take.

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JohnnyStephanie:
Yes I am on the birth certificate. She was just calling about every 6 weeks but now she has learned that my girlfriend has been staying home with him so now shes been calling everyday and now has decided she wants to see him and has threatened to get the police to get her son - but can she? I have looked at getting an attorney but really unsure what steps I should take.<HR></BLOCKQUOTE>

Until a court order is in place she can take him and not return. I suggest you get an attorney NOW and file for custody NOW. Do not allow her to take the child if she is indeed threatening to take him.

ps.. the police can, and will do, nothing.

 

[navywife_tx]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Until a court order is in place she can take him and not return. I suggest you get an attorney NOW and file for custody NOW. Do not allow her to take the child if she is indeed threatening to take him.

ps.. the police can, and will do, nothing. <HR></BLOCKQUOTE>
LB, being that he IS listed on the birth certificate, does that mean that he HAS to give her the child if she shows up? Being that there is no legal paper stating that the mother is the physical parent, then he wouldn't have to LET her take the child out of his home. You are right about the police not doing anything b/c there is nothing stated that the child can't stay with the father. Let me just tell you that IF she does involve the police, they may come to your house with her and try to talk you into letting the mother take the child, but stand your ground and inform them that she left him b/c she didn't want him any longer. It seems that you are doing what is best for your child and stick to that!

 

[LegalBeagle]

Good advice Ms Half German, sometimes the police (if they have nothing better to do) will go to the house but if you stand your ground then they can not do anything. Without a court order, nothing can be done.

Of course, the moment you fear all this, then you fear the NCP just taking the children when they are playing in the street etc.. it can be awful until something is filed.

 

[navywife_tx]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
Good advice Ms Half German, sometimes the police (if they have nothing better to do) will go to the house but if you stand your ground then they can not do anything. Without a court order, nothing can be done.

Of course, the moment you fear all this, then you fear the NCP just taking the children when they are playing in the street etc.. it can be awful until something is filed. <HR></BLOCKQUOTE>
LOL...That's right, half-german, so you better watch out!! Now do you see why i'm aggressive? http://smilecwm.tripod.com/net4/popworm.gif


[This message has been edited by navywife_tx (edited October 24, 2000).]