Desperately Hoping to Obtain Parental Rights and Fair Visitation

**Rsmith31** · 12-17-2011, 02:10 PM

My question involves a child custody case from the State of: Texas. My fiance has a six year old daughter. Currently we all live in the state of TX and after a paternity test and custody ruling, my fiance and I hope to move to CA. My fiance' six year old daughter will remain in Texas but we would like to have her for two months in the summer and a week during winter and/or spring break-the times preceeding or during Christmas and alternating holidays with the mother. We want a fair arrangement.The mother is currently married-she married an individual in order to enlist into the military.It is not a true marriage. She married a homosexual only so she could enlist and not lose parental rights, yet because she can not afford a divorce or cheat the government is still married. Because she had been married during the conception of my fiance' daughter while he and her were in a relationship with one another, my fiance' name is no listed on the birthcertificate. In the state of Texas he does not believe that he has any rights...Does he have rights to his daughter without proof of paterenity which we are currently trying to establish? The case is standant, currently the paternity preceedings are being held up because the person my fiance's daughters mother married must first be found. In the meantime, the woman threatens to cease current visitation from my fiance and his daughter. She wants him to provide monthly payments before the court proceeding or if he does not give her some money each month, she will not allow him to see his daughter. I would like to mention that he desperately wants to support his daughter and does give this woman support for her even with the little bit of money he has. We have explained to her information that the childsupport office explained to us. Without an order he is not obligated to give her any money and they had reccommended that he does not give her nothing because it will not be considered child support. He believes that he will have to pay back pay from the time of her birth-is this true? Back pay from my understanding begins once paternity is established or the case is sent to the courts correct? My own back pay from my daughters father in the state of CA only began after the judge viewed my documents. He and I support his daughter each weekend she is over our home. We provide her food, shelter, clothes and give more than enough in love. We love this girl deeply and her mother is extremely selfish and does not think of the bond my fiance and his daughter have. This man I love is not perfect, he hasn't always been physically there for his daughter but he has always provided for her in the best capable manner. What is most important is that he wants to be in her life. What direction should he take in order to ensure that he gets the maximum amount of rights and visitation for his daughter while he is living in the same state and for when he moves out of the state. What are his rights? We have little money so lawyers are hard to acquire right now. I am hoping you all can answer the many questions I have placed in this forum.

**Dogmatique** · 12-17-2011, 02:29 PM

He has no rights at all until and unless paternity is established.

He also has no obligation to pay Mom a single red cent until a court orders him to do so.

Child support is generally only retroactive to the date of filing.

Your fiance needs to be prepared for something though. After 6 years, the court may find it's not in the child's best interest for paternity to be disestablished.

He absolutely needs an attorney; there's a chance his petition won't even be heard. Is there a reason he took so long to move on this issue?

**Rsmith31** · 12-17-2011, 02:41 PM

Fearing other legal charges by military courts of adultry my fiance did not want to have his ex arrested and his ex allowed him to see his daughter. He came to the decision that he was tired of allowing his ex to control his rights. As you stated he does not have any rights and thats the largest issue

Also the child only knows my fiance to be her father he lived with her for the first two years of her life and made visititations with her when he did not. He watched her make her first steps, fed her, changed her diapers and all. The person his ex married was a family friend and never in the picture at that time.

**Dogmatique** · 12-17-2011, 02:41 PM

Unfortunately he may have waited too long to obtain legal rights. He should speak with an attorney.

Out of interest, is Mom still "actively" married to this guy? Are they in agreement with your fiance seeking rights? There's a reason for my question.

**Rsmith31** · 12-17-2011, 02:47 PM

Yes she is actively married to the guy not getting a divorce because she cant afford to right now. And wants my fiance to have rights but wants to control the rights.

**Dogmatique** · 12-17-2011, 02:56 PM

If they're ALL in agreement - the husband would have to be on board with this, too - then your fiance's job might be a little easier. He really needs to do whatever it takes to get an attorney.

Has he considered getting a PI involved to try and find the husband? (I'm assuming the husband doesn't want to be on the hook for child support)

**Rsmith31** · 12-17-2011, 05:00 PM

No but the courts are in search so hopefully they are doing that. They contacted my fiance ex and enlisted her to help as well. She is kind of scared of courts so maybe she will assume that she needs to give them information.

**Dogmatique** · 12-17-2011, 05:44 PM

The courts won't search - that's not their function. Are you sure that's what your fiance was told?

Here's the thing. Paternity is already legally established. The child's legal father is Mom's husband. The court won't track him down, nor will they compel Mom to provide any information about him. What the court WILL do is notify Mom that there is a paternity action against her and her husband...that's about it.

Make more sense?