[goombashoe]

My question involves a child custody case from the State of: Texas

I have two children with a man to whom I was in a relationship, but never married to, ages 2 1/2 and 1. He is on the birth certificate of the 1 year old (even though we were never asked to sign an Acknowledgment of Paternity, which I thought was required to do in our state if we were not married) and he is not on the 2 year old's birth certificate, therefore I am confused as to what his rights to them are. We split about four months ago. We have no court order for visitation or child support, mostly because we are both in financial shambles, and I know he could not pay it. He helps me where he can, and in return I let him see his kids when he wants to (usually weekends). I am a full-time premed student, and my parents support me and my children almost completely. Their father just moved back in with his parents because he cannot support himself financially with his current job (he is paying his parents money every month but not as much as it would be if he were living on his own). He is also a part-time college student. My mom stays at home babysitting my children for free every day while I am at school. My dad makes over $250K a year. My children's father and his parents would not be able to fully support my children like my parents could as they are on government assistance. Plus, his mother also watches two of her other grandchildren, ages 2 years and 1 month, every day and I'm concerned about her watching four children under the age of 3 every day while my ex is at work.

I have been accepted to a medical school out of state and offered a hefty scholarship. Can I assign temporary custody of my children to my parents for the time I will be out of state for school (about four years)? I am not sure if my ex would dispute this decision or if he even has the legal right to. He knows he'd still get visitation and he KNOWS he couldn't support them. My children have spent much, much more time around my parents and my family than his. (I should also mention that I lived with my parents for the first nine months of my 2 year old's life.) I am just wondering the likelihood of my parents being granted the temporary custody of my kids over their father, given the situations at hand.

[LawResearcherMissy]

Without having legally established paternity (though it seems a bit murkier for the eldest child) and pursued court visitation orders, he has no rights to the children.

He can pursue establishment of paternity and visitation once paternity is established through the courts, however.

It would be in the best interests of everyone involved for you to consult an attorney in order to make sure there are no issues with giving your parents temporary custody of your children.