How can I get custody of my 2 kids (age 2 & 3)? Their mother just filed for child support but they live with me.

Asked almost 2 years ago - Houston, TX

My kids stay with me and the mother only gets them on the weekends if she wants. She has medicaid & food stamps for them, but they are with me most of the time. Recently she filed for child support which is ironic considering they live with me. The youngest (2) has been coming home with marks and when I ask her she says he did it playing. Today I got them back because they spent christmas with her and the youngest had a black eye and purple lip. I filed a police report and they said they'd look into it. At this point what can I do? She won't agree to give me custody of them sometimes she says she will give me custody of the youngest, but then takes it back.

Additional information

I am not on the children's birth certificate and their mother and I were never married.
My court is scheduled for January 24, 2013 but I still have not been served.

Attorney answers (2)

  1. Fran Brochstein

    Contributor Level 18

    5

    Lawyers agree

    Answered . I would look on this website for an attorney. You need to first establish your paternity. It sounds like you have had them the majority of the time for over 6 months. However, you are going to have to prove this in a court of law. I assume that their mother is going to deny your allegations. You need to meet with an experienced family law attorney and discuss your case in person. You can prove your case with written evidence and with witnesses.

    If I were you, I would not go to the Office of the Texas Attorney General without an attorney! From the facts you have presented, you need legal representation. The TX A G office will only want to set child support on you. They don't care if you claim that the kids live with you if the mother says they live with her. Their office does not have the time or resources to determine who is telling the truth.

    Good luck!

  2. William Tyler Moore Jr

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You need to file a counter-suit affecting parent child relationship seeking to be adjudicated the children's father and seeking primary possession. You need an experienced attorney to do this. Go to my website www.wtylermoore.com and see if there isn't more info for you there. I've got questions answered and more info about me.

    I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you... more

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