Legal Question in Family Law in Texas

I want to leave my boyfriend to go back to where my parents live 5 hours away. We have a three week old son, and both signed the acknowledgment of paternity at the hospital. Can he stop me from leaving with him? We have never been to court or filed and kind of custody case.


Asked on 12/09/12, 1:56 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

You are free to leave. If you have any questions, you can certainly call your local sheriff, constable or police and make sure that you leave peaceably. There is no court order in place so either of you can take the child. When you leave, he can file a lawsuit asking for visitation and setting up child support. Since it appears you will be leaving the county, I assume he will ask that the child be returned to his county. You are free to live wherever you want but the child might be required to return to the county. I urge you to talk to an experienced family law attorney immediately. You desperately need legal advice regarding your small baby.

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Answered on 12/09/12, 2:24 pm


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