ExpertLaw.com Forums

Can He Legally Take My Child

Printable View

  • 03-31-2008, 12:39 AM
    mrs.kay
    Can He Legally Take My Child
    I want to share my storie because i need advise and in not sure what else to do. Im 21 and i have a 3 year old son who lives with his dad,and for going on 2 years he has been trying to keep my son away from me,ive tried the Houston police but because he is consedered his dad there's nothing they can do.I even tried filing child sopport on myself but he wanted child sopport,back support,back med.insurance,it all came out to 7hun.a month.(i also have a 5year old here with me)So i ended up dropping the child support. Long storie short after the child sopport issue ive been seeing him on a regular,but i have to go to his house to spend time with him, no more then two hours and only on week ends,and he cant go anywhere with me.Did i fail to mention that he may not be his BIOLOGICAL father? "Yeah its true,"and the worst part about it is the guy knows!I even refused to put is name on the birth certificate,but somehow i believe he got his name on it. Bottom line im tired of being treated as if im a bad person. MY QUESTION IS,WHAT DOES IT TAKE TO GET MY SON IN MY CUSTODY?What are my legal rights and what are his legal rights,In the state of Texas
  • 03-31-2008, 01:01 PM
    cksherer
    Re: Can He Legally Take My Child
    Have you been to court for a custody hearing? If not File for one. If you have one take him back to court to modify the order.
  • 03-31-2008, 01:08 PM
    525601minutes
    Re: Can He Legally Take My Child
    You can also ask the court to have him take a paternity test. If he is not the biological father, will you be able to support both children 24/7? You have not spent very much time bonding with this child. Do you honestly think it is in the child's best interest to take him away from the parent he knows? Only you can answer that question - but I hope you think LONG and HARD about it before you go for full custody.
  • 03-31-2008, 07:09 PM
    mrs.kay
    Re: Can He Legally Take My Child
    I want to take this guy to court for a paternity test,but from my understanding i cant make him take a test if he refuse to take one. (right) As far as the bond between me and my son i honestly think its close enough for him to come with me and be happy. In these last couple of months he has grown really close to me,there is a natural bond between mother and son that can be very difficult to hender. He has asked to come home with me several times,but his father figure always tell him no and sometimes he just ignore my son and say that he's confused and im the reason so there for he dosn't want me to ask him to spend time with me at my place. He has my son thinking that coming to spend time with me and his sister is a bad thing. I've let it go this far because i didnt want to hurt anyone because this guy has his entire family believing that he's the father with out any dought. Thats not working because im the one who is hurting and my son and my daughter. Im still confused. What can i do legaly,how can i get him to take a paternity test.
  • 03-31-2008, 07:13 PM
    gigirle
    Re: Can He Legally Take My Child
    Get a lawyer and ASAP. The longer you drag this out, the worse it will be for everyone involved.
    YOU don't make him take a paternity test...and he's blowing smoke up your butt and HE knows it. The COURT orders the test.
    Is the bio father in the picture at all?
  • 03-31-2008, 07:14 PM
    cksherer
    Re: Can He Legally Take My Child
    Quote:

    Quoting cksherer
    View Post
    Have you been to court for a custody hearing? If not File for one. If you have one take him back to court to modify the order.

    You still have not answered is there a custody agreement already?

    In some states if a man signs a paper swearing he is the father there is no way to go back and say he is not the father you have to do that at the time not later. This is why I am asking. Has paternity already been established? If you started a child support case with the child support office it sounds like there might already be a paternity paper signed or defaulted in court?
  • 03-31-2008, 08:14 PM
    CourtClerk
    Re: Can He Legally Take My Child
    2 years... I think dad has a great argument for custody based on status quo. He's held himself out as dad and a court is going to be hard pressed to rip that away from him and the kiddo, ESPECIALLY if dad is/has been custodial parent. Mom is in for an uphill battle if dad is willing to fight this (and it sounds like he is).

    Also, it's quite possible that if he's willing to hold himself out as dad, the court won't even ORDER a paternity test. Paternity tests are not required in ALL situations all the time.
  • 04-01-2008, 05:52 PM
    mrs.kay
    Re: Can He Legally Take My Child
    Yes i do believe that he has a good chance of puting up a fight in court for our son. I never said that i wanted my son to myself,but im not going to let him keep my son away from me.Its not fair for him to keep my son away from me so why should i be fair to him. So i guess im going to have to take his ass to court. Before i make that move i want to make sure its the right thing to do,and there is no other way to go. I love my son and ill do what ever makes him happy
  • 04-01-2008, 06:02 PM
    Baystategirl
    Re: Can He Legally Take My Child
    Quote:

    Quoting mrs.kay
    View Post
    Yes i do believe that he has a good chance of puting up a fight in court for our son. I never said that i wanted my son to myself,but im not going to let him keep my son away from me.Its not fair for him to keep my son away from me so why should i be fair to him. So i guess im going to have to take his ass to court. Before i make that move i want to make sure its the right thing to do,and there is no other way to go. I love my son and ill do what ever makes him happy

    You are not likely to get primary custody. You would be much better off going for Joint Custody and Joint Legal with Dad being Primary Custodian.

    Why was a paternity test never done? Is there reason to believe that Dad isn't the father of this child?

    Quote:

    I want to take this guy to court for a paternity test
All times are GMT -7. The time now is 12:56 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved