Legal Question in Family Law in Texas

You can move but if dad files a paternity action in Texas the court might require you to move back. So you can move without orders and see what happens or you can enter into orders before you move that gives you permission to move. Many judges in Texas will require people to move back if it's been only a few months. It also depends on other factors like if the man has been actively involved in the child's life. You might try mediation to attempt to resolve your issues - cheaper and more flexible than court.

Hypothetically, only from what you wrote -

Just because you have taken care of the child the majority or even all of the time, and even if his name is not on the birth certificate, IF he is the child's father and IF there are no orders entered by a family Court naming you as the sole custodian of the child, then, yes, he can file a Paternity/SAPCR against you and eventually, have orders entered - possibly naming him as the sole or primary parent, if he has a good attorney and shows the Court that there is a detriment to you being named the sole or primary parent

- and, keep in mind the burden is on YOU to prove to the Court that the child should be able to leave Texas, as Texas will protect that child in remaining in Texas and having a relationship with its father, if you choose to leave, and if its in the best interest of the child.

Also, that DNA test that he took, if it was not from a qualified testing facility, it will more-than likely not hold up in court - however - the court will order a DNA test to be performed at a qualified DNA testing facility and you will need to bring the child to be tested.

If you plan to try to leave the state with the child, and he disagrees and files suit against you, you will need a good lawyer who can assist you in defending you during the lengthy custody process - but, I would advise you to hire a qualified custody attorney and file first.

Goldstein & Scopellite, PC has qualified family law lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.