Custody vs Returned to parent

[nooge]

Jurisdiction

Texas

Hello,
Couple not married. They have a 5 yr old child. Birth mother got wrapped up with CPS due to drugs and other when child was 2. They went to court. Birth mother went to rehab. Birth father got court papers that said child was returned to him. He left state with child for 2.5 yrs. Mother did not visit child. Strange circumstances bring father and cild back to town in Texas with mother. For 6 months thry live in the same apartment complex and share child. No modification of custody has taken place. No further court documents. Father wants to leave state with child again, can he? Who actually has custody of this child?
Thanks yall~~

 

[army judge]

Hello,
Couple not married. They have a 5 yr old child. Birth mother got wrapped up with CPS due to drugs and other when child was 2. They went to court. Birth mother went to rehab. Birth father got court papers that said child was returned to him. He left state with child for 2.5 yrs. Mother did not visit child. Strange circumstances bring father and cild back to town in Texas with mother. For 6 months thry live in the same apartment complex and share child. No modification of custody has taken place. No further court documents. Father wants to leave state with child again, can he? Who actually has custody of this child?
Thanks yall~~

It would appear, NOT A LEGAL DETERMINATION, that based upon your recitation of events; primary conservatorship still rests with the father.

The mother, however, could bring a child custody matter before the court at anytime.

Should she do so, the father would be enjoined from leaving the state.

Until, and unless mother does bring a case, Dad could skedaddle quickly, quietly, and rapidly to keep the status quo.

 

[nooge]

Interesting. Thank you army judge.

 

[Betty3]

If the Father has complete custody currently per court orders & there has been no change in the court orders, then the Father has custody. (based on what you posted)

 

[nooge]

Thank you Betty3!!
Birth mom is telling father because he has lived there for 6 months with child now, and there are not a 'custody order' just a court order that says 'child is returned to the father' - that they are now equal with custody and they cannot leave.
I feel bad for the mother, and the best scenario would be for father and child to leave. Thank you for taking the time to give your answer.

 

[army judge]

Thank you Betty3!!
Birth mom is telling father because he has lived there for 6 months with child now, and there are not a 'custody order' just a court order that says 'child is returned to the father' - that they are now equal with custody and they cannot leave.
I feel bad for the mother, and the best scenario would be for father and child to leave. Thank you for taking the time to give your answer.

Yes, the father should beat feet and leave Texas in the next 24 hours.
By being in Texas 6 months (or more), the mother could now return to court seeking a change in custody.

The six month marker is generally used to establish jurisdiction by a state over a child.

I've seen one parent trick the custodial parent by keeping them close, as in living with the custodial parent for six months.

Then the sneaky parent files for custody in the state where the custodial parent was conned into returning to "reconcile".

Tell the father to quietly leave Texas immediately, unless he wants to find himself in a protracted legal battle.

He'll also find himself (and the child) thrown out of the place where they're currently living. That usually occurs, too.