BoxcarBill I have a question!

[ktarra617]

What is the name of your state? tx

How does custody in the state of Texas work if the parents are NOT married? Does mom have custody by default? does each parent have equal rights?

If dad were to leave the state with the child before there were custody orders in effect does this make it kidnapping?

This is not our situation but another developing one that may affect us in the long run.

Thanks!

 

[Boxcarbill]

What is the name of your state? tx

How does custody in the state of Texas work if the parents are NOT married? Does mom have custody by default? does each parent have equal rights?

If dad were to leave the state with the child before there were custody orders in effect does this make it kidnapping?

This is not our situation but another developing one that may affect us in the long run.

Thanks!

Let me see if I can sort through your questions. Both " parents" have equal right to possession of the child until an order is entered giving one parent a superior right of possession. So when you ask how does custody in TX work if the parents are not married, I have to presume either (1) that the parents are divorced or (2) that you meant if the man and woman were never married to one another. (Please keep in mind, however, that Texas does recognize informal (common law) marriage so the fact that they did not go through a formal wedding does not necessarily translate to they were never married. Nor does it necessarily translate that if they did have an informal marriage, then they would have had to divorce to dissolve that marriage.)

But if we presume that they were divorced, one of the parents would have been named sole managing conservator of the child or even if the parents were named joint m.c., one parent would still have the exclusive right to collect child support and to decide the child's residence. If you meant that they were never married, formally or informally, the woman's maternity is established by giving birth to the child. She is, therefore, a parent under the TX Family Code. Without a marriage or an attempted marriage in compliance with the laws of this state, how has the man's parentage been established. If his parentage has not been established then he is not a "parent" of the child. Therefore he has the same rights to the child as any other stranger would have.

 

[ktarra617]

i understand and thank you. they are not formally married but have lived together for several years. I would gather from your answer that they then could be considered common law married.

they are engaged to be married but at this point we are doubtful of a formal ceremony taking place.

i apologize for not being more clear the situation is mom has custody of child from previuos marriage. mom is pregnant with new child from fiance/common law husband. He is not from Texas and does not wish to remain here to raise his child. There is a residence restriction on the child from her first marriage.

We were just wondering how the custody would go if they never formally married. Since we know how much mom has wanted a new baby and the situation has the potential to become an absolute nightmare over custody of this new baby.

But I understand that she(provided they are not married) would be presumed custody of the child until such time as a court renders orders changing that, correct?

 

[Boxcarbill]

But I understand that she(provided they are not married) would be presumed custody of the child until such time as a court renders orders changing that, correct?

Correct so long as they have not married, have not attempted to marry, done DNA testing an established paternity by court order nor has he executed an effective acknowledgement of paternity, then he is not a parent.