Domestic Partner and child custody (TX)

[artteacher2010]

After 3 years, my domestic partner and I are seperating. He has two sons that consider me their mother because their biological mother has not seen them since the younger one was born. What I want to know is do I have the right to go after him for visitation because I'm scared that he'll never let me see them again?

Thank you

 

[Ohiogal]

After 3 years, my domestic partner and I are seperating. He has two sons that consider me their mother because their biological mother has not seen them since the younger one was born. What I want to know is do I have the right to go after him for visitation because I'm scared that he'll never let me see them again?

Thank you

Nope. The children have two parents and one of them is NOT you. If you wanted to be the children's parent then you should have looked at adoption. But you didn't. You are NOT their mother.

 

[dannyt]

youre a legal stranger

After 3 years, my domestic partner and I are seperating. He has two sons that consider me their mother because their biological mother has not seen them since the younger one was born. What I want to know is do I have the right to go after him for visitation because I'm scared that he'll never let me see them again?

Thank you

stay on your ex partners good side, and maybe youll get to see the kids, make dad mad, and youll never see the kids again. dad decides who can have contact with his kids, and if he says no, then you wont be seeing them, and theres nothing you can do about it. you have no rights to these children at all.

 

[Proserpina]

After 3 years, my domestic partner and I are seperating. He has two sons that consider me their mother because their biological mother has not seen them since the younger one was born. What I want to know is do I have the right to go after him for visitation because I'm scared that he'll never let me see them again?

Thank you

Although Texas would appear to allow a third party (who is acting in loco parentis - as the parent) to pursue visitation I don't rate your chances highly at all if Dad does not agree - and having standing to sue does not mean that you will be successful.

It's NOT often that the courts will rule against the wishes of one parent and even less often when the third party is not a step-parent or grandparent.

(http://www.abanet.org/family/familylaw/FLQvisitation06.pdf)

By all means consult with an attorney but I think you'd be far better off making nice with Dad and coming to some kind of informal arrangement.

 

[LdiJ]

Although Texas would appear to allow a third party (who is acting in loco parentis - as the parent) to pursue visitation I don't rate your chances highly at all if Dad does not agree - and having standing to sue does not mean that you will be successful.

It's NOT often that the courts will rule against the wishes of one parent and even less often when the third party is not a step-parent or grandparent.

(http://www.abanet.org/family/familylaw/FLQvisitation06.pdf)

By all means consult with an attorney but I think you'd be far better off making nice with Dad and coming to some kind of informal arrangement.

The only state that I have ever seen, where you could even get an attorney to attempt a non-related third party case, was Washington State, and that was pre-Troxel.

I don't know of a single non-related third party case, (I am including stepparent in "related") that has actually succeeded.

Also, in loco parentis cases, involving a actual relative, rarely succeed unless the child lived with the relative, without the parent also being part of the household.

 

[Proserpina]

The only state that I have ever seen, where you could even get an attorney to attempt a non-related third party case, was Washington State, and that was pre-Troxel.

I don't know of a single non-related third party case, (I am including stepparent in "related") that has actually succeeded.

Also, in loco parentis cases, involving a actual relative, rarely succeed unless the child lived with the relative, without the parent also being part of the household.

Which is why OP was advised (even by me) to make nicey with Daddy.

As it was clearly stated that there seems to be very little chance of OP's success here I honestly do not see the harm in providing information.