Father not on birth certificates

[maymeneecole]

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


I have 2 daughters, the ages of 2 and 3 years. They currently stay with their father. The father is not on neither one of their birth certificates, and won't let me see them. He is also married to another woman, but they have been separated for years now. He has threatened me if i tried to take them away. What can i do to get my kids back the legal way?

 

[Isis1]

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


I have 2 daughters, the ages of 2 and 3 years. They currently stay with their father. The father is not on neither one of their birth certificates, and won't let me see them. He is also married to another woman, but they have been separated for years now. He has threatened me if i tried to take them away. What can i do to get my kids back the legal way?

were you married to the father at any time?

was it established in court for dad to have custody? is there a visitation plan set for you?

 

[maymeneecole]

I was never married to him at anytime. It was not settled through court, when we separated he kicked me out and kept my kids. There is no visitation plan

 

[Isis1]

then you need to go to court and get one.

file to establish paternity for dad/custody and a visitation plan and a support plan for you.

 

[maymeneecole]

Thank you for advice

 

[LdiJ]

I was never married to him at anytime. It was not settled through court, when we separated he kicked me out and kept my kids. There is no visitation plan

If he is not on their birth certificates, and paternity has not been established in court, then he is not their legal father and has no right to keep them from you.

I would recommend hiring an attorney ASAP with a quick trip to court for emergency custody.

 

[Ohiogal]

If he is not on their birth certificates, and paternity has not been established in court, then he is not their legal father and has no right to keep them from you.

I would recommend hiring an attorney ASAP with a quick trip to court for emergency custody.

LD your advice has changed from prior posts where it was MOM with the children and not letting dad see them. Then status quo was going to win the day. Dad may have status quo here is he has had the children for any length of time and mom may not be able to get custody back. Emergency custody on what grounds? Are the children in danger? Mom states that this is the children's father. She tries for emergency custody and dad answers with stating he is the father and has had the children since mom left him. The court would find on his SWORN STATEMENT that he is the children's father. Then they would have equal standing and because of status quo dad would win primary custody.

 

[LdiJ]

LD your advice has changed from prior posts where it was MOM with the children and not letting dad see them. Then status quo was going to win the day. Dad may have status quo here is he has had the children for any length of time and mom may not be able to get custody back. Emergency custody on what grounds? Are the children in danger? Mom states that this is the children's father. She tries for emergency custody and dad answers with stating he is the father and has had the children since mom left him. The court would find on his SWORN STATEMENT that he is the children's father. Then they would have equal standing and because of status quo dad would win primary custody.

If dad has had them for any significant length of time I would agree with you. However that doesn't sound like its the case. It sound like dad recently kicked her out and kept the kids.

He also isn't their legal father at this point, because he obviously didn't consider it necessary to sign the AOP at the hospital so that he would be on their birth certificates. That is something that you harp on men about all the time.

And BS that the courts would find that he is the father based on his sworn statement alone. If mom agrees, yes, but not based on his sworn statement only.

I am not impressed with a father who doesn't sign the AOP at the hospital and then tries to kick mom out and keep the kids. I could see how timing might cause him to miss doing that for one child, but not two.

 

[Ohiogal]

Ld whether you are impressed or not with this father doens't matter.
And mom is stating that this is the children's father as well. When she files her motion she would most likely state that the children are staying with his father. Then all dad has to do is state in his motions that he is the father. Hence on his statement (without a paternity test) the court would find it. NO WHERE did I state it was ONLY on his statement. It would be based on the pleadings.

OP how long have you been out of the house?

 

[garrula lingua]

OP: Get the children's birth certificates and go to the police. Tell them this man is holding your children against your desires, and he is no legal relation to the children (true).

The police should order him to give you the children.
At worst, they will call CPS to open a case regarding the welfare and possession of the children.

Better yet, you are the only one listed (to pick them up) on their school paperwork, right ?
So, go to school early and pick them up.

... She may say he's Dad, but it's funny how when they're sworn in, at court, how many women testify that they did have sexual relations with another, around the time of conception.

 

[Ohiogal]

OP: Get the children's birth certificates and go to the police. Tell them this man is holding your children against your desires, and he is no legal relation to the children (true).

The police should order him to give you the children.
At worst, they will call CPS to open a case regarding the welfare and possession of the children.

Better yet, you are the only one listed (to pick them up) on their school paperwork, right ?
So, go to school early and pick them up.

... She may say he's Dad, but it's funny how when they're sworn in, at court, how many women testify that they did have sexual relations with another, around the time of conception.

The children are two and three. They may not have schooling.