live in texas, Never married, child, never established custodial parent, now court help please.....?

Question

My ex- boyfriend and I were never married. My son is now 2 years old and my ex and I have been apart for a year and a half now. We have never been to court and never established the custodial parent; however, I allowed my son and him to have visitation on his time but with me there. He has never had our son alone in all of 2 years and has never seen him for over 5 hours at a time. Now we are goin to court but no finalization has been done. Question is.. Can he take my son legally and keep him until finalization is done or would it be considered kid-napping since he has never had him alone. Please help very urgent!!

His name is on the birth certificate. And no I have never with- held my child from seeing him. The reason I am present during visitaions is for the simple fact that his father is incompatant when it comes to children and he has put my son is harmful situatuations many times. It is out of the best interest of my child!!!!

Answer 1

Nope it should be considered kidnapping since you are the custodial parent by default. The fact that you were never legally married also calls into question whether or not he is legally the father right now. But those things get tricky vaying a lot from county to county on how the judge is going to rule. Your best bet it going to legal aid and consulting an attorney.

Answer 2

I can't speak for Texas, but I can from experience and nearly two dozen times in court. A dozen of those for a similar circumstance.

Yes, he can keep the child. As you wrote, you didn't establish custodial parent. Not only that, but if he's now living with the father, then he has the upper hand because it's more important who the child is living with on the court date than it is for the period before the hearing. It becomes a he said she said thing. And, the court doesn't like to move the child around while it hears the case. And, if all things are equal, they will keep the child where they are now rather than moving him between custodial parents.

So, yes he's within his legal rights and no you cannot get him for kidnapping.

A few things you can do though: If you have any records showing that you were the primary care taker up until the abduction, then you need to file those with the court. DON'T just take them to court with you. No - I said FILE them with the COURT before the hearing. Judges don't like surprises. You WIN ON PAPER before you get there.... not in the COURT ROOM. Judges don't like to change their mind once it's made up. The trick is to make up his mind before he hears the case.

Records might consist of enrollment in daycare, signed statements from witnesses (with clauses saying they'll testify to the truth of the statements), and pictures of his room, clothing, and toys. You need to come to court ready to fight it all out. Think of yourself as the underdog.

If you provide enough evidence filed before the hearing, you have a good chance of showing to the judge that your ex isn't equipped to care for the child (and if he was abducted, that would be clear).

Right now - the courts are your friends. Use the system to your advantage. Good luck.

Answer 3

Okay, why do you have to be there whenever he sees his son? Remember, this is just as much HIS son as it is yours. I think you are using this innocent child as revenge against the ex, which will only result in more heartache for you. The more you deny this child time alone with his father(EVERY boy should have time alone with their fathers), the more ammunition your ex will have to get sole custody. I'm guessing the reason he hasn't seen his son for more than 5 hours at a time is because of your insecurity, correct? Let your son have time alone with his father. Don't deny your son that.