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curious about some info

i have a cousin with a one year old son with a man she is no longer with. They both live in Texas and I'm not entirely sure
on the situation with the dad. But she is now wanting to get married to another man, which is all fine and dandy. the kicker
is the fiance is active duty in the army. So we are not sure where he will be based. I know in some states if the couple was
not married, mom get custody of the baby. But I do not know Texas laws.I'm curious what she will have to do to be able to
keep her son with her, if there is anything at all.

Answer Question
 
angeleyes0306

Asked by angeleyes0306 at 2:10 PM on Oct. 12, 2009 in General Parenting

Level 6 (114 Credits)
Answers (5)
  • file at the court house for custody. it certainly wont hurt and in most states the first parent to the finish line gets the custody. (especially in unmarried couples with no paternal infidelity- meaning the fathers name is on the birth cert and he signed the document at the hospital saying yes in fact it is his child)
    idebusashes

    Answer by idebusashes at 2:13 PM on Oct. 12, 2009

  • In Indiana you can't leave the state without the father's permission or a court order. Even for a day. You can't go to your mother's funeral with your child. Your child can't go on school or scout trips. You can't leave the state for 18-21 years. It's kidnapping. Amber Alert. Even if you have custody.

    We had to wait until my son was emancipated in court by a judge when he was 19 to move out of state. He never met his fater. It didn't even matter that he was over 18, he had to be emancipated. Now we are running into all kinds of problems with financial aid because he was emancipated and the FAFSA people say he is an independent student and the university people say he is dependent and the FAFSA people won't budge.
    Gailll

    Answer by Gailll at 2:18 PM on Oct. 12, 2009

  • In IN they don't care who you are married to, who you want to marry, what wonderful job you could have, ect. When I first got divorced you couldn't live more than 60 miles from where you were divorced. That changed and you could live anywhere in the state.

    I think it really hurts the kids to "lock them up" in the state and not let them do normal stuff. My son's older brothers got to go on all kinds of neat scout trips. If we could have found his father he would have said no just to be mean. We didn't know where he was. We separated while I was pregnant and he filed for divorce the day after my son was born. I never saw him outside of court after that and I didn't have any contact info. I couldn't get the court's permission for my son to do stuff because we didn't have the money and they would have had to be able to find his father.
    Gailll

    Answer by Gailll at 2:28 PM on Oct. 12, 2009

  • i would have her call a local attorney, they usually have a small consultation fee. (if she can keep it around 30 minutes, its pretty cheap i believe). of course it does depend on the lawyer. (dh is a lawyer here in ar)
    anyway, they will know exactly what you need to do. and if she needs to keep the lawyer they'll usually take payments.
    is the man's name on baby's birth cert? if not, and she's not recieving child support, I believe if she leaves before anything in court is decided, thats her residence. but dont trust that 100%, talk to someone with more knowledge in your area. GL to her!
    AmandaN1

    Answer by AmandaN1 at 2:35 PM on Oct. 12, 2009

  • Here in Texas it's standard in custody orders to have residency restriction. What the restriction is depends on where you are. Here in the Austin area, for example, the counties contiguous to Travis is standard. In the Houston area, it's the counties contiguous to Harris.

    So, is there a court order in place? That's going to be the decider. If there is one, then she's going to have to abide by it OR get a waiver signed by the father OR file for a modification of the C.O. requesting that the residential restriction be removed.

    If there's no C.O. then it depends. Is the father active in the child's life? If so, he has every right to file a restraining order against her moving their child. Note that it's not about her moving, it's about the child moving. She can go where ever she likes so long as she doesn't move the kid.

    If he's not active, then she should request he sign a waiver allowing her to move their kid.
    Avarah

    Answer by Avarah at 4:18 PM on Oct. 12, 2009

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