Legal Question in Family Law in Texas

If the father takes the child and there are no visitation orders in place, then he might not return the child. The police will not get involved because there are no court orders in place. Right now either parent has equal access to this child.

Once he has the child in his possession, he can go to a private attorney and file a law suit and ask for custody of the child. It is his word against yours about who has had actual custody of this child. Without the child in your possession, the TX A G office will stop your child support case. You will then need to hire a private attorney and fight the father to regain custody of the child. In other words, you are in a "pickle" and the burden is then on you to prove that you had custody of the child and that the child should be returned to you. You could actually lose this custody battle and end up paying the father child support and you will get to visit your child.

So how much do your trust the father of your child? Only you can answer this question.

I would encourage you to immediately retain the services of a private attorney instead of waiting for the TX A G office to do their job. They are slow. A private attorney is much faster.