My 2 yr old visits his Dad every other weekend and cries not to leave me. Now he wants him a month for the summer. What can I do

Asked about 1 year ago - Austin, TX

My son has ONLY lived with me since the day he was born. We would come visit and stay a night or two, but the baby would always come back home with me. He never visited him although I begged him to come see him. Needless to say, we broke up. Then he hardly ever saw him. He is now 2 yrs old and his Dad gets him every other weekend. He cries and screams and says he doesn't want to go. It is very hard because I am sure it confuses him. I have been his one and only for so long. He doesn't understand going to sleep somewhere else and not in his own home. He is okay once they are down the road, but it breaks my heart because I know he doesnt understand why I make him leave. Now his Dad says he wants him the whole month of July. The baby will NOT understand that at all. What can I do?

Attorney answers (2)

  1. William Tyler Moore Jr

    Pro

    Contributor Level 19

    Answered . If you have a court order, then I suggest you follow it. Without a court order, either parent is entitled to custody of the child. You need to file a suit affecting parent child relationship to get legal clarification of the respective rights (including possession of the child) and duties (including child support and medical support or health insurance). Without an order, the father cannot compel you to surrender the child.

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

    Contributor Level 6

    Answered . If you do not have a court order you need to file as soon as you can. Since your child is under the age of three, the judge may order a temporary possession schedule that takes into account who has cared for the child since he was born, the effect on the child of separation from you, etc. If you do have a court order, you need to follow the terms but you may want to consider modifying it while your child is under the age of three.

    This is not specific legal advice and does not establish an attorney/client relationship.
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