Unmarried Parents, Mother Wants to Move Away

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

I don't know where to begin with all this: I am 35 weeks pregnant with my fiances child. We are planning to move another city that resides in the state. I currently have a 16 month old with my ex boyfriend in which we were never married. The issue is my ex never signed the acknowledgement of paternity nor is on the child's birth certificate. At the time of the child's birth he believed the child wasn't his, therefore prompted him to seek DNA testing from a third party agency to establish that he is the biological father. Like i stated before he never signed the AOP because he was waiting for the results of the DNA testing which concluded he is the father. I am wanting to move with my fiance to another city here in the state. He got a good opportunity and has decided to take it. My main concern is that my ex is going to try and stop me from going with his child since he is the biological father. I understand in Texas he is considered the biological father but not the legal father. He does pay some child support for my daughter. He sees her maybe once a week if at all. What he pays in child support is not court order. There is no court order on anything since we haven't set up the legal way mainly because he still has not signed the AOP to put himself on birth certificate. His excuse is that he never has time. So can I just pack up and leave without any long term ramifications. Will a judge order me back to the city we are in? Will this look bad on me? I am paranoid that they will take my child away. I do not have money for a lawyer and his family can afford top of the line legal representation. Please don't judge me either. Any advice will be helpful.

Why can't the baby live with her father and you have visitation? That way you can go be with your boyfriend and dad can raise his daughter?

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Quoting axiom4018

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

I don't know where to begin with all this: I am 35 weeks pregnant with my fiances child. We are planning to move another city that resides in the state. I currently have a 16 month old with my ex boyfriend in which we were never married. The issue is my ex never signed the acknowledgement of paternity nor is on the child's birth certificate. At the time of the child's birth he believed the child wasn't his, therefore prompted him to seek DNA testing from a third party agency to establish that he is the biological father. Like i stated before he never signed the AOP because he was waiting for the results of the DNA testing which concluded he is the father. I am wanting to move with my fiance to another city here in the state. He got a good opportunity and has decided to take it. My main concern is that my ex is going to try and stop me from going with his child since he is the biological father. I understand in Texas he is considered the biological father but not the legal father. He does pay some child support for my daughter. He sees her maybe once a week if at all. What he pays in child support is not court order. There is no court order on anything since we haven't set up the legal way mainly because he still has not signed the AOP to put himself on birth certificate. His excuse is that he never has time. So can I just pack up and leave without any long term ramifications. Will a judge order me back to the city we are in? Will this look bad on me? I am paranoid that they will take my child away. I do not have money for a lawyer and his family can afford top of the line legal representation. Please don't judge me either. Any advice will be helpful.

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*cough*

http://forum.freeadvice.com/child-cu...as-609378.html

*cough*

Because I am raising the child. He spends maybe one day with her if at all. He doesn't have his own place. Lives in a trailer with his mom. Hasn't attempted to put himself on the birth certificate. Won't put her on his insurance. Rather go bar hopping after work than spend time with his daughter. You think I am going to give him custody?

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Quoting axiom4018

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My main concern is that my ex is going to try and stop me from going with his child since he is the biological father.

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That's his legal right.

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Quoting axiom4018

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I understand in Texas he is considered the biological father but not the legal father. He does pay some child support for my daughter. He sees her maybe once a week if at all. What he pays in child support is not court order. There is no court order on anything since we haven't set up the legal way mainly because he still has not signed the AOP to put himself on birth certificate.

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If he wants to pursue custody he is going to have to establish his paternity, whether by AOP or by a paternity action, and then seek a court order.

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Quoting axiom4018

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So can I just pack up and leave without any long term ramifications.

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The father will have ninety days to file a custody case in the child's present county of residence or, if you move out of state, six months in which to commence custody litigation before you can respond that the child is domiciled in the new state. During that period, you could end up having to litigate the case in the original county or have the court order that the child be returned to the county pending the outcome of the litigation.

What will your ex- actually do, and when will he do it? That's not something we can predict for you. If we are to infer from your reference to family money that he has family members who will bankroll a custody fight... perhaps over their access to the child if you move... then that would be a potential risk.

We are not moving out of state.

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Quoting axiom4018

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Because I am raising the child. He spends maybe one day with her if at all. He doesn't have his own place. Lives in a trailer with his mom. Hasn't attempted to put himself on the birth certificate. Won't put her on his insurance. Rather go bar hopping after work than spend time with his daughter. You think I am going to give him custody?

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I'm thinking you won't be making that decision.

Doesn't need his own place. Can live with Mom. Can file to establish paternity whenever he wants (though so could you). Allowed to go bar-hopping.

End. Of. Story.