What rights do i have (custody)

[dtillman]

I live in houston, tx and i have a nine and a half month old son i'm a 26 year old male and i live with my mom which is 68. I was with my sons mother for over four years and since we are not together she wants to control everything when it comes to him. I cant go anywhere with my son alone (never have been able to)my mom hasn't seen my son in three months because my sons mother always makes excuses as to why she can't make it. she lives with her father and her fathers girlfriend and doesn't have a job and really never has had one. My mom has spent a lot of money buying him things I have also paid for all of his things that where neccesary since he was born except for two months because i lost my job fortunatly it was around income tax time and she used the income tax they got for him so that helped out alot at the time (her father filed income tax on my son). I have had alot of problems with her friends and family due to my race. Her mother has spit on me before and at the baby's baby shower i was called a nigger buy her dads girlfriends daughter and punched and my mom was trying to get in between us to stop the craziness and was hit in the face a couple of times as well. I really don't like being at their house but i go to see my son but i am getting tired of this I love my son so much and I want to be a father to my son and have equal rights. My mom refuses to go over there because of all the bad situations i have been in and it seems like she refuses to bring my son over. my question is what can i do about the situation and what rights do i have? some people are telling me that i can get full custody due to her not working and because i pay for all of his bills. she basically lives off of her parents and the funds of wic. I don't want to do that but is that true? i have never got advice on this situation. Sorry about the long story but i really had no idea of how to explain the situation but i really need some sort of help.

 

[Proserpina]

You will not get full custody because Mom isn't working. She's obviously secure, living with her parents.

Are you legally established as Dad? You need to go to court to establish paternity if that hasn't been done already, and file for joint custody and visitation.

Your finances truly aren't a consideration in determining custody.

Call the court house where Mom lives, and the clerk can tell you which forms you need. Then you simply file, and there will be a hearing. From that point things should go quite smoothly.

Once you get a court order for visitation, if Mom refuses to follow the order you can take further action.

 

[army judge]

I live in houston, tx and i have a nine and a half month old son i'm a 26 year old male and i live with my mom which is 68. I was with my sons mother for over four years and since we are not together she wants to control everything when it comes to him. I cant go anywhere with my son alone (never have been able to)my mom hasn't seen my son in three months because my sons mother always makes excuses as to why she can't make it. she lives with her father and her fathers girlfriend and doesn't have a job and really never has had one. My mom has spent a lot of money buying him things I have also paid for all of his things that where neccesary since he was born except for two months because i lost my job fortunatly it was around income tax time and she used the income tax they got for him so that helped out alot at the time (her father filed income tax on my son). I have had alot of problems with her friends and family due to my race. Her mother has spit on me before and at the baby's baby shower i was called a nigger buy her dads girlfriends daughter and punched and my mom was trying to get in between us to stop the craziness and was hit in the face a couple of times as well. I really don't like being at their house but i go to see my son but i am getting tired of this I love my son so much and I want to be a father to my son and have equal rights. My mom refuses to go over there because of all the bad situations i have been in and it seems like she refuses to bring my son over. my question is what can i do about the situation and what rights do i have? some people are telling me that i can get full custody due to her not working and because i pay for all of his bills. she basically lives off of her parents and the funds of wic. I don't want to do that but is that true? i have never got advice on this situation. Sorry about the long story but i really had no idea of how to explain the situation but i really need some sort of help.

Proserpina's advice is spot on.

You should begin those tasks immediately.

I suggest that you avoid going over to the mother's home (for the time being) to pick up the baby.

The violence you reported can get all of you in some serious trouble.

It can also lead to some severe injuries.

Texas has stringent laws against family (domestic) violence.

You can arrange to pick up the child at a local police station or CPS Office.

You also need to establish your paternity legally.

The Attorney General will assist you with that in Texas.

A number is noted below to help you start the legal process of paternity.

I have a few questions.

Please answer them.

_________________________________________________________________

You are 26.

According to your facts, you were 20-22 when you began a relationship with your child's mother.

How old is the child's mother?

Was the child's mother at least 18 years old when you began living with her?

How old is she today?

Do you both reside in Harris County?

Is your name on the child's birth certificate?

Have you established your paternity via DNA testing or legally acknowledging paternity in Texas using the form supplied by The Texas Attorney General's Office? (I've excerpted some information about that form, below.)

I need an Acknowledgment of Paternity form sent to me. Where can I get that form?​

Texas Vital Statistics cannot send out Acknowldgement of Paternity forms to applicants. Instead, the forms can only be obtained from someone certified by the Attorney's General Office to verbally explain to all the parties the rights and responsibilities that come with signing the form.

Please call the Paternity Opportunity Program to find such a person or "entity," who is located nearest you, or to learn about your options if you do not live in Texas. The program's telephone number is 1-866-255-2006. Please listen to all the options carefully. You must complete the most current Acknowledgment of Paternity form, and all forms must have a valid entity code before they can be accepted. The person who is certified to explain your rights and responsibilities is a "certified entity." The certified entity will provide the entity code once he or she has explained the rights and responsibilities to all parties. There is no other way to obtain the form except from a certified entity.