Legal Question in Family Law in Texas
my question is on custody rights I guess, my step son moved in with my husband and I about a year ago and his mother keeps threatening to take him away. There was never a legal custody agreement but rather a verbal agreement that she wouldnt have to worry about the child financially, just ask and either my husband or his family would take care of it and everyone was satisfied with that but now that he lives with us she threatens all the time to take him away and get what she say as "back pay" which im guessing she means child support. Can she do that and does she have the right to take him away whenever she wants?
1 Answer from Attorneys
Has this child ever been the subject of a court order? It makes a big difference. I assume that he hasn't.
And I assume that Dad and Mom were never married.
If Dad's paternity has never been legally established, then yes, Mom can take the child whenever she wants to, AND she can sue for back child support (by way of a paternity suit).
Dad should step up and be a man - he should file his own paternity suit. And ask for custody of the child. And ask the court to order MOM to pay HIM child support.
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