Legal Question in Family Law in Texas
I have a 7 year old son and myself and the father are no longer together. We have been split over a year now and agreed to alternating weeks with my son so he would have him for one week then i would have the next so on and so forth. He recently found out that i am in a relationship and engaged to be married and does not want my son around my future husband for selfish reasons like them bonding. my question is if he begins to not adhere to our current schedule with my son what can i do as far as filing for sole or joint custody. i dont want to take him away from his father but i fear his father does not have the same respect for me and i want to make sure in the process of this my son is not forbidden to see either parent and we have a fair and law abiding agreement that he will have to follow. what steps do i need to take?
1 Answer from Attorneys
You need to consult with a family law attorney in your county immediately.
You need to understand that the father can keep the child and not return him to you. Right now without court orders either of you can keep possession of the child and not violate any court order. The police will not help you regain possession of the child since there are no court orders. Both of you have the legal right to have the child in your possession. If the father consults with an attorney, the attorney will tell him to keep the child and file for custody. Then you will have to go to court and try to re-gain custody. But if the father has possession of the child, the burden would then be on you to show why you should have custody of the child. You could end up paying him child support and visiting the child. By not going to court, you have created a potential problem for yourself. I'm sorry to be harsh but your problem is a common problem. You tried to be "fair" and it could come back to haunt you later in court.
Please retain legal counsel immediately. Look on this website and on www.avvo.com.
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