Child Custody Predicament in Texas

[axiom4018]

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

My fiance and I are wanting to move to another city in the state. The problem is that she had a child with her ex boyfriend 16 months ago. They were both unmarried at the time. The ex never signed acknowledgement of paternity nor is on the birth certificate. I understand in Texas he is recognized as the biological father but not the legal father. She is afraid that she will be ordered to move back to the city we currently reside in since it is more than likely to infuriate her ex that she is moving to another city within the state. He does pay some child support for his biological child but nothing that the court has ordered him to do. This is basically an agreement between them two. He does have DNA proof that he is the biological father of the child. He thought the child wasn't his at the time which prompted him to seek DNA testing but he never signed the AOP and was never put on the birth certificate. So my question is can my fiance move with me along with the child to another city without ramifications. She is paranoid that once he finds out he is going to seek custody and that this will look bad on her since it looks like she just got up and took the kid without consulting anyone.

 

[grasshoppa]

Wow, where to start? I know the standard line is to tell OP to get the GF to post, but there is so much "**** up" in this post I felt compelled to respond anyway. So sue me.

First, are there any orders? Your post implies otherwise, but you never know. If there are, then defer to those. If not, then I believe in tx mom has presumed custody; she can move where ever until dad files. There may be jurisdictional concerns, I will defer to others, but that's not why I'm responding.

No, let's take a quick look at your post. 1) Dad is already *voluntarily* paying something to mom to support their mutual child. That should tell you something about dad's character, and you should be humbled by it. 2) Dad had concerns about the parentage of his child. OP, this should be a *HUGE* red flag. Learn from those that came before you, cut your losses and run. This is a headache wrapped up in a nightmare that you don't want to deal with.

At this point, you have no legal obligations to a woman who a) probably sleeps around and b) has no problems screwing over ex's. Save yourself the headache, find the nearest parachute and jump.

 

[LdiJ]

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

My fiance and I are wanting to move to another city in the state. The problem is that she had a child with her ex boyfriend 16 months ago. They were both unmarried at the time. The ex never signed acknowledgement of paternity nor is on the birth certificate. I understand in Texas he is recognized as the biological father but not the legal father. She is afraid that she will be ordered to move back to the city we currently reside in since it is more than likely to infuriate her ex that she is moving to another city within the state. He does pay some child support for his biological child but nothing that the court has ordered him to do. This is basically an agreement between them two. He does have DNA proof that he is the biological father of the child. He thought the child wasn't his at the time which prompted him to seek DNA testing but he never signed the AOP and was never put on the birth certificate. So my question is can my fiance move with me along with the child to another city without ramifications. She is paranoid that once he finds out he is going to seek custody and that this will look bad on her since it looks like she just got up and took the kid without consulting anyone.

He is not legal dad, and a home DNA test does not cause him to be officially recognized as bio-dad either. Therefore mom can do whatever she likes. However, dad can rush to court to file for custody/visitation, which will establish venue in your current community. I think that she should consult with a local attorney to find out whether or not local judges tend to order parents to return children to the original community in circumstances like your fiancée's. Hers is a little different since you are not leaving the state.

 

[Just Blue]

Wow, where to start? I know the standard line is to tell OP to get the GF to post, but there is so much "**** up" in this post I felt compelled to respond anyway. So sue me.

First, are there any orders? Your post implies otherwise, but you never know. If there are, then defer to those. If not, then I believe in tx mom has presumed custody; she can move where ever until dad files. There may be jurisdictional concerns, I will defer to others, but that's not why I'm responding.

No, let's take a quick look at your post. 1) Dad is already *voluntarily* paying something to mom to support their mutual child. That should tell you something about dad's character, and you should be humbled by it. 2) Dad had concerns about the parentage of his child. OP, this should be a *HUGE* red flag. Learn from those that came before you, cut your losses and run. This is a headache wrapped up in a nightmare that you don't want to deal with.

At this point, you have no legal obligations to a woman who a) probably sleeps around and b) has no problems screwing over ex's. Save yourself the headache, find the nearest parachute and jump.

Regarding "a" and "b" comments? Wow just WOW!! Because a man has a DNA test done, and he SHOULD do that, does not make the mother a slut. Because the mother wants to move out of town does NOT mean she is "screwing over" her ex.

 

[TinkerBelleLuvr]

He does pay some child support for his biological child but nothing that the court has ordered him to do.

Is there a court order or not?

 

[TinkerBelleLuvr]

Wow, where to start? I know the standard line is to tell OP to get the GF to post, but there is so much "**** up" in this post I felt compelled to respond anyway. So sue me.

First, are there any orders? Your post implies otherwise, but you never know. If there are, then defer to those. If not, then I believe in tx mom has presumed custody; she can move where ever until dad files. There may be jurisdictional concerns, I will defer to others, but that's not why I'm responding.

No, let's take a quick look at your post. 1) Dad is already *voluntarily* paying something to mom to support their mutual child. That should tell you something about dad's character, and you should be humbled by it. 2) Dad had concerns about the parentage of his child. OP, this should be a *HUGE* red flag. Learn from those that came before you, cut your losses and run. This is a headache wrapped up in a nightmare that you don't want to deal with.

At this point, you have no legal obligations to a woman who a) probably sleeps around and b) has no problems screwing over ex's. Save yourself the headache, find the nearest parachute and jump.

And what does that make the man? It takes two to tango.

 

[stealth2]

Wow, where to start? I know the standard line is to tell OP to get the GF to post, but there is so much "**** up" in this post I felt compelled to respond anyway. So sue me.

First, are there any orders? Your post implies otherwise, but you never know. If there are, then defer to those. If not, then I believe in tx mom has presumed custody; she can move where ever until dad files. There may be jurisdictional concerns, I will defer to others, but that's not why I'm responding.

No, let's take a quick look at your post. 1) Dad is already *voluntarily* paying something to mom to support their mutual child. That should tell you something about dad's character, and you should be humbled by it. 2) Dad had concerns about the parentage of his child. OP, this should be a *HUGE* red flag. Learn from those that came before you, cut your losses and run. This is a headache wrapped up in a nightmare that you don't want to deal with.

At this point, you have no legal obligations to a woman who a) probably sleeps around and b) has no problems screwing over ex's. Save yourself the headache, find the nearest parachute and jump.

Just sitting here smh...

 

[axiom4018]

Is there a court order or not?

There is no court order of any kind for child support or anything. Basically the child support is an agreement between them two. Nothing legal as of right now.

 

[grasshoppa]

And what does that make the man? It takes two to tango.

Agreed, but OP isn't getting married to dad.

What do we know so far? 1) Dad is voluntarily giving money to mom for the well being of their mutual child, no court orders. 2) Mom wants to leave the town, presumably taking their child, without involving dad 3) Dad will likely not be accepting of this move by mom.

So without knowing more about either mom or dad, maybe OP *should* be marrying dad. He seems like the better choice of the two.

 

[grasshoppa]

Regarding "a" and "b" comments? Wow just WOW!! Because a man has a DNA test done, and he SHOULD do that, does not make the mother a slut. Because the mother wants to move out of town does NOT mean she is "screwing over" her ex.

True, she's screwing over her child's *father*.

That doesn't seem better, somehow.

 

[Ladyback1]

Agreed, but OP isn't getting married to dad.

What do we know so far? 1) Dad is voluntarily giving money to mom for the well being of their mutual child, no court orders. 2) Mom wants to leave the town, presumably taking their child, without involving dad 3) Dad will likely not be accepting of this move by mom.

So without knowing more about either mom or dad, maybe OP *should* be marrying dad. He seems like the better choice of the two.

it seems you have some sort of axe to grind....please do that somewhere else!

OP asked for legal advice---he got that.

YOU are making an awful lot of assumptions and judgments regarding this situation.

 

[stealth2]

True, she's screwing over her child's *father*.

That doesn't seem better, somehow.

Go hop somewhere else, cricket.

 

[Zigner]

True, she's screwing over her child's *father*.

That doesn't seem better, somehow.

She's not screwing ANYBODY over. She's moving. Sheesh.

(And that's not even touching on the fact that the guy isn't the *father* in the first place.

 

[Zigner]

Possibly I do have an ax to grind, but I was mainly posting to help OP, believe it or not.

OP: Ask yourself this, how would you feel if she were doing this to you? Because, inevitably, she will. Or something like it.

As I said earlier: You have no legal obligations at this point. Run fast, run far.

Based on what has been posted, your "advice" is really poor. There has been nothing posted to indicate that there is any problem with the current relationship the OP has with his GF.


ETA: Wouldn't it be a hoot if this newbie (grasshoppa) was actually the purported father of the child

 

[Proserpina]

Sock-puppet.