Father Tricked Me and Took My Son

[Mommieof4boys]

My question involves a child custody case from the State of: Texas
My sons father is on the birth certificate. We had been talking about getting back together and moving up to Midland. He used that to take our 6 month old to visit his family in Midland while we saved money to get a house up there. Now that he is there and has a job he told me I cannot have my son back but I can visit that he has no intention of a life with me. He has been "visiting" his family since Sept 18 and told me about his new intentions yesterday october 12.I am also 11weeka pregnant with his child. I'm so confused I don't know what to do. Can he take my baby from me like that? What can I do legally to have my son back?

[Dogmatique]

File in court immediately for temporary custody pending a final determination. Because he's the legal father (he can't be on the birth certificate without first signing the AOP/DOP), there's a great chance that the police will not intervene on your behalf unless you have a court order in your hands and even then many won't get involved.

Go here: http://texaslawhelp.org/issues/famil...todyvisitation

[Dogmatique]

RUN and file an emergency custody order. Basically your ex-boyfriend has kidnapped your child. Parents can't just up and move their children away from the other parent, even if they think the other parent is unfit. Or, get in the car and go get your son. Fire couldn't keep me away from my child.

No kidnapping. He is the legal father, but Texas says ...

Tex. Penal Code § 25.03. Interference With Child Custody.

(a) A person commits an offense if the person takes or retains a child younger than 18 years when the person:
(1) knows that the person's taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child's custody; or

No court orders yet.

Updated 10/2008
(2) has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child's custody has been filed, and takes the child out of the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, without the permission of the court and with the intent to deprive the court of authority over the child.

Nothing has been filed yet.

(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.

He didn't do that, either.

(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area of the counties composing the judicial district if the court is a district court or the county if the court is a statutory county court, within three days after the date of the commission of the offense.

(d) An offense under this section is a state jail felony.

To be perfectly honest, it looks as if Dad's in the clear. For now.