Girlfriend Left Me and is Now Hiding My Daughter

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

My girlfriend and I were living together in a house I purchased, we were having some relationship issues because of her half brother who she has been talking to alot here lately. Recently, he told me on the phone he has been having sex with her and tried to assume I'm not the father of our child. She overheard this and immediately became violent throwing things in front of me and the baby, she wanted to leave in the middle of the night (4:30 am) with the baby and I wanted the baby to stay with me, so she called the police. They get there and ask her why she needed to leave, she didn't have an answer. She eventually leaves and the police witness her leave without the baby.
The next day she left me while I was at work and took the baby and will now not let me see the baby.
There is no custody case at the moment and I want to see the child, I'm having Financial Issues and it will be hard for me to get an attorney.
I'm emotionally hurting because I cant see my Child. What can I do?

You need to file to establish paternity (if that hasn't been done), and then file in court to get an order for visitation in place. Because you're unwed, you don't have equal rights to Mom just yet.

You need an enforceable court order. Your local court-house may have a self-help section, you might want to start researching there for the correct forums.

The problem you have is that since you were not married, you may have a difficult time proving paternity. Is your name on the birth certificate as the father? Has she signed an acknowledgement of paternity?

A lot of this you can do yourself. Your county might have a legal clinic or a law school that can provide some assistance, and you might want to check if there are any resources through the local court.

Unfortunately, without custody documents and without any official acknowledgement of paternity, you may be considered a legal stranger to the child.

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What can I do?

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Have you signed a voluntary acknowledgement of paternity? If you have not, you'll need to go to court to pursue DNA testing. Either way, you'll need to file for visitation/possible joint custody with the courts.

Without court orders in place, you are no one to this child and have NO rights AT ALL. Mom can pack up and move to Timbuktu with kiddo tomorrow, and you won't be able to stop her.

Has paternity been legally established? You will need to file for custody ultimately, unless she changes her mind.

Yes I have signed the acknowledgement of paternity form and my name is on the birth certificate. But she took the documents when she left.

You can obtain a copy yourself (you might have to pay, though). But you'll still need to file for an enforceable visitation order.

Ok, is the visitation order a set schedule or do we have to set up a schedule?
I want to pursue primary custody. Will this be possible if she has no Income and is keeping the baby with her dad?

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Ok, is the visitation order a set schedule or do we have to set up a schedule?

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The courts generally ask the parents to come to a mutual agreement. When they fight and fuss, the judge will simply order a standard visitation schedule - the NCP will get every other weekend.

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I want to pursue primary custody.

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Unless you have been the child's PRIMARY caregiver, forget it.

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Will this be possible if she has no Income and is keeping the baby with her dad?

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Unless Mom is living in a meth lab, her living situation and income have no bearing on her retaining primary custody.

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Quoting mec_010

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Ok, is the visitation order a set schedule or do we have to set up a schedule?
I want to pursue primary custody. Will this be possible if she has no Income and is keeping the baby with her dad?

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You need to let the court know about the abuse you suffered the night she was throwing things at you, as well as get a police report, Mom obviously has a large temper that can be uncontollable and this is not good for an infant to be around. What if she has another fight with someone else and the baby gets hit in the head?
Domestic Violence and accusations of such will ruin any fast track to visitation so be ready for that as any good lawyer who wants to win for their client will suggest that route.

If she is staying with her dad try and dig up dirt on him too and anyone else in the household, Ill tell ya right now though courts dont take custody away from unwed mothers unless they are ^^^^^^^^^ producing meth in the household with the baby.