Mother in Texas, Child in Louisiana

[PWood]

I have a dear friend who lives in Houston. She has a three-year-old boy whom she left with the father at birth. Originally, she thought that he would be better off with his father. Now, she wants him back and the father refuses to even allow her to see her son. The father and family live in Louisiana. She has been told that she could have him so long as she does not take him out of the state. What could be done to bring her son to her where she may live where she will? There is no official "legal custody" assigned to either party. A speedy response will be greatly appreciated. Thank you.

 

[irish223]

She will have to file for visitation in Louisiana. Actually the mother has legal custody of a child born out of wedlock, but the child has been living with the presumed father for three years. I believe it will be difficult for her to get custody due to that, but she may get visitation.

How often has she seen the child? If not much or not at all, then she will also probably get graduated visitation in Louisiana until she and the child develop a relationship.

 

[PWood]

Then what after a relationship is formed? Also, if it would be difficult to get custody because of the situation, is it at all possible?

 

[Duranie]

It is very unlikely she will get custody after all this time. She doesn't get custody just because she is mom. She should go to court and file for visitation. She should talk to legal aid or an attorney. Without a visitation order Dad does not havw to allow visits, unfortunately.

Why does mom think custody is better off with her? It is pretty traumatic to pull a 3 yr old from his father to his mother whom he barely knows. She needs solid evidence dad is unfit for any chance. she shold be getting visitation though.