Non-marital custody

cealonzo · May 9th, 2009, 01:25 AM

My son has lived with me for the past 5 yrs. I recently moved to another city in Texas roughly 500 miles away from his mother. We were never married and hasn't been a part of his life much. Can she legally make me move back to the city where she lives and/or take my son away from me?

Gbyte · May 9th, 2009, 06:02 AM

Was there ever a custody order?

May 9th, 2009, 05:21 PM

hey gbyte we talked together on florida mom!
Why did you take the baby so far from his mom? did you tell her you were going to do that? because if she were to ever fight this you might get in trouble! also you might want to look up if she has sole custody in your state, because in most states mom usually has sole custody of a child right after the baby is born.

Gbyte · May 9th, 2009, 09:02 PM

That was my concern...he can't legally enroll the child in school without a custody order or guardianship...

Shaky ground you're on.

You should have an attorney file for full custody right away if you don't have it now. Has she started legal action?

Gbyte · May 9th, 2009, 09:04 PM

Quote:

Originally Posted by Unregistered

hey gbyte we talked together on florida mom!

You ought to register. That way it's easier to know.

May 10th, 2009, 05:22 AM

Im going to regiter right now! lol!

cealonzo · May 11th, 2009, 03:01 PM

no... there was never any custody order. we were never married and when we split, the child stayed with me. I enrolled him in pre-k in the city we lived in without his mother and had no problems. She rarely comes around and has never played an active part of his life.

Gbyte · May 11th, 2009, 06:42 PM

You need to file for sole custody. She can come back ANY day and take the child back. You should probably live at your current address for 6 months before papers are filed so your jurisdiction becomes the childs local jurisdiction. You definately should consult with an attorney.

May 14th, 2009, 12:43 PM

take the child back??? but she has "never" had the child....

Gbyte · May 14th, 2009, 01:44 PM

She has legal custody. She is the only proven biological parent and there is no custody order. You are what some would refer to as "a legal stranger". The child could be 13 and she could walk in and take custody back (you'd likely win it back in court - depending on the childs wishes).

She did "have" the child - in her belly for 9 months. You need legal custody.

May 9th, 2009, 01:25 AM	#1
cealonzo Junior Member Join Date: May 2009 Posts: 2	Non-marital custody My son has lived with me for the past 5 yrs. I recently moved to another city in Texas roughly 500 miles away from his mother. We were never married and hasn't been a part of his life much. Can she legally make me move back to the city where she lives and/or take my son away from me?

May 9th, 2009, 06:02 AM	#2
Gbyte Top Level Member Join Date: Sep 2008 Posts: 2,129	Re: Non-marital custody Was there ever a custody order?

May 9th, 2009, 05:21 PM	#3
Unregistered Guest Posts: n/a	Re: Non-marital custody hey gbyte we talked together on florida mom! Why did you take the baby so far from his mom? did you tell her you were going to do that? because if she were to ever fight this you might get in trouble! also you might want to look up if she has sole custody in your state, because in most states mom usually has sole custody of a child right after the baby is born.

May 9th, 2009, 09:02 PM	#4
Gbyte Top Level Member Join Date: Sep 2008 Posts: 2,129	Re: Non-marital custody That was my concern...he can't legally enroll the child in school without a custody order or guardianship... Shaky ground you're on. You should have an attorney file for full custody right away if you don't have it now. Has she started legal action?

May 10th, 2009, 05:22 AM	#6
Unregistered Guest Posts: n/a	Re: Non-marital custody Im going to regiter right now! lol!

May 11th, 2009, 03:01 PM	#7
cealonzo Junior Member Join Date: May 2009 Posts: 2	Re: Non-marital custody no... there was never any custody order. we were never married and when we split, the child stayed with me. I enrolled him in pre-k in the city we lived in without his mother and had no problems. She rarely comes around and has never played an active part of his life.

May 11th, 2009, 06:42 PM	#8
Gbyte Top Level Member Join Date: Sep 2008 Posts: 2,129	Re: Non-marital custody You need to file for sole custody. She can come back ANY day and take the child back. You should probably live at your current address for 6 months before papers are filed so your jurisdiction becomes the childs local jurisdiction. You definately should consult with an attorney.

May 14th, 2009, 12:43 PM	#9
Unregistered Guest Posts: n/a	Re: Non-marital custody take the child back??? but she has "never" had the child....

May 14th, 2009, 01:44 PM	#10
Gbyte Top Level Member Join Date: Sep 2008 Posts: 2,129	Re: Non-marital custody She has legal custody. She is the only proven biological parent and there is no custody order. You are what some would refer to as "a legal stranger". The child could be 13 and she could walk in and take custody back (you'd likely win it back in court - depending on the childs wishes). She did "have" the child - in her belly for 9 months. You need legal custody.

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