Pregnant with troubles...

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XxCunninghamxX

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Very long story short...My ex (22 years old) and I (21 years old) were together for 3 years. We lived in Texas and when he found out I was pregnant (January) he left state and went back to Colorado. I kept his cell phone active under my name so that we could discuss joint bills (credit card/his truck) and my pregnancy which he had protrayed his eagerness to take part in.

Well he recently (Friday) sent me a text message saying he no longer wanted to have contact with me. I called him to confirm his request and had no further contact with him. Saturday he called the police and is pursuing telephone harassment charges as well as a restraining order. I called him often but he also called me and have evidence that the calls were mutual and text messages that were friendly. Can he do this? Will the charges stick?

Another matter, I have co-signed on his truck. Can I legally take possession of the vehicle? He has not made any payments- I have made them all. If so how do I go about this. Also in order to close the credit card I must pay off the balance (which I can). Should I do this? How do I get my money back?

Does he have any legal responsibility during prenatal care? If so what?

Thank you all for your time and efforts. Have a wonderful day!
 
He has no responsibility to pre-natal care since paternity has not been established.

Yes you can get the truck if you are a co-signer and you are on the title.

Since you 2 are having a baby together, I suggest you both be mature and civil. you certainly do not want to put the baby in the midlde of this tangled mess.
 
I'm not an attorney . . . or a lawyer.

Since the phone is yours, all you have to do is stop paying the bill, right? Then there's no harassment because there's no phone.

You might want to talk to the company/bank you got the truck loan from and check what they suggest. Can they change the title for the loan into your name if you can verify that you have made all the payments? Do you have an extra set of truck keys? Do you know where he lives in Colorado? Is there a way you can go pick up the truck without telling him what you are doing after the loan is in your name?

IF you tell him what you're doing, he will probably do something to the truck to get back at you. Human nature being what it is.

I worked as a Social Worker and Caseworker for over 26 years, but not in Texas or Colorado. The red flags you seemed to have missed appear obvious to someone looking in from the outside.
1- You allowed him to run up a charge card bill that you are now responsible for and that it appears he used without paying on and does not plan to make any payments on.
2- His actions indicate that you had not discussed a future pregnancy at any time prior to your becoming pregnant.
3- His leaving Texas for Colorado as soon as he found out he was a "sperm donor" indicates committment issues.
4- The text message regarding harassment was more than likely sent by his new girlfriend. Who was more than likely sitting beside him when he confirmed it.
5- He is probably not going to offer you moral or financial support for your pregnancy. After the baby is born, he will have to submit to a paternity test (around a thousand dollars in some states). You may have to contact an attorney to file the paternity suit. I don't know what Texas law regarding paternity on a birth certificate is, but you might want to find out. (Google it or check with an attorney.)

The 'reason' for that 'slip of paper' making cohabiting a legal contract is not to make a couple's life more difficult, but to make it easier when the couple decides to split up. Texas does have Common Law marriage. Seek legal counsel to see if your cohabiting qualifies as a Common Law marriage.

Three elements must be present to form a common law marriage in Texas.
First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.

Common law marriage may end in two ways. If there have been children or if property and debts remain undivided, you will want to seek a formal divorce. In a divorce, paternity, custody, support, and visitation can be determined, and debts and community property can be divided.

Under a new provision of the Family Code, either partner in a common law marriage has two years after you split up to file an action to prove that the marriage did exist. In order to fit into this provision, you must have separated after September 1, 1989.

Both partners in a common law marriage are responsible for debts and for care and support of children of the marriage. It is therefore urgent that you discuss the ending of this marriage with an attorney. You have a choice of methods, but they all require you to act within a certain length of time. However, even if the time has expired for you to obtain a divorce, other steps can be taken to get orders for payment of child support and visitation for children of the marriage.


I suggest you sit down with an attorney to get this all straightened out.
 
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