Question

[BD123]

hello!!! i am in Dallas Texas and i have a Question. here is my story.

I am 31 and a Father of 2 Awesome Boys. My first son is soon to be 10 in July. I have Primary Custody of him from my first marriage. she didnt want him so i got him just before he turned 2.

I just split up with my Girl friend of 6 1/2 years. we have a 5 year old together. I let her take him just to save us fighting. She has a Daughter from her first marriage. thay are living with her parents in a 2 bedroom house that is nasty. these people are just gross. she got a job last year in Nov. 2007. she quit in April. she still has no Job. i have a 3 bed room house and i make about 42,000 a year. my question is Would i have a Chance to get custody of my son???? i dont have extra money to blow, but if i knew i could get him i would find a way.

Thanks fo any advise.

BD

 

[BD123]

any one??? please help!!!

 

[irish223]

You don't say whether you have been legally declared the father of the boy. If not, then you will have to start there.

How long ago did you split? How long has your son lived with your ex, apart from you? If you are the legal father, are you paying child support? Are there any court orders?

 

[BD123]

we just split a month and a half ago. i am paying her child support. 400.00 a month. we were going to do this on our own, but she has decided not to let me see him. so, i have a call in to a Lawyer. I have not had a paternity test done if thats what you are asking. i have no reason to think he's not mine.

 

[irish223]

Since you were never married, the court will expect you to establish paternity. Then you can file for custody and visitation. I don't know if you will get primary custody, but you can probably get shared custody.

If you want to research your options, here is a link to the Texas family code:

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

 

[irish223]

You're smart to consult a lawyer!

FYI -- since you are not the LEGAL father, your ex is not required to allow visitation.

 

[Duranie]

As far as you being the legal father, if you signed the birth paperwork (acknowledgement of paternity), in most states that makes you the legal father. A DNA test probably is not necessary if this paperwork is signed. It depends wehat state you are in but most stats would say you are the legal father.

I would certainly stop paying her if she is stopping visits, but unless there is a court order, really either one of you have rights.

 

[BD123]

I did sign the Birth paper work when he was born. he does have my last name. i am still waiting on the lawyer to contact me. thanks for all your help.