Legal Question in Family Law in Texas
Child custody Without Marriage
My boyfriend has a son with his ex. They were living togeather, but had too many problems so they split up. She had mental problems and was even committed to a hospital for them. After the split up, she dissapeared. When ever my boyfriend would call her mother's house to find out where she was, she refused to give him any information. Just recentley, she called out of nowhere and asked him for child support and told him that she was in Maryland. He is willing to pay child support, but he would rather have custody of his son. Is there some kind of court order that can make her bring back his son to TX since she left the state without telling him? She doesn't work and lives off the government. She gets a ''disability'' check every month for her mental problems. She has 3 other children all from different fathers. She is finally letting my boyfriend see his son, after 2 yrs, for the summer. She claims that ''right now she can't afford to have him''. Is that reason enough for the courts to give him custody? Any help would be welcomed. Thanks. A.G.
2 Answers from Attorneys
Re: Child custody Without Marriage
If your boyfriend can keep the child for 6 months, he can establish TX residency for the child and then seek custody through a Suit Affecting the Parent-Child Relationship. This is complicated, time-consuming and can be expensive for legal fees. You, your boyfriend and the child had better be committed to this pursuit, because it will take a great deal of financial and emotional resources.
Re: Child custody Without Marriage
If you are in the Houston area please e-mail me. I will help you with your problem. It can be very difficult to get rights to the child if the Mother files in another state. So time is of the essance.
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