Legal Question in Family Law in Texas

Never married w/ kids

My question is regarding my two children and their father. We lived together for nine years, never married, and had two boys. We split up about a year ago, and he kept the boys on a temporary basis, while I got on my feet and got a place big enough for them. Now that time has come, he is recluctant to let them come live with me. We also live 4 hours apart. We have no formal custody or child support arrangements. He is on their birth certificates, but we haven't had an Ack. of Paternity signed. Is it possible to go to court for custody and not child support? I don't want his money. He wants the kids to live with him another year, he says because after I have them again he won't get to see them. But I'm worried if I agree to this, he won't want to let me have them back again and I won't be able to argue for them back in court because they'll be living with him. He also has not made any effort in meeting me half way for meet and greets. So I'm worried about not being able to afford seeing them as much because they're so far away and with the cost of gas and the amount of time driving. I don't know what to do.


Asked on 8/09/08, 4:49 pm

2 Answers from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Never married w/ kids

Please contact me if you care to discuss your situation. I am in the Houston area, as I see you are as well. At this time no legal parent-child relationship exists between the children and the father. You need to act now, because you are correct in observing that the longer the children reside with him, the harder it will be to get them back.

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Answered on 8/12/08, 3:32 pm
TC Langford Langford Law Office

Re: Never married w/ kids

Unless you want to endure this vague arrangement of never knowing if you are going to see your kids, or who they are going to live with, where they are going to live, and what rights and duties you have; until they are 18 years old; get a lawyer so that you can establish paternity and conservatorship. The longer they live with their dad, the stronger his case will be for primary conservatorship.

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Answered on 8/10/08, 8:33 am


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