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My boyfriend's ex is getting him for child support, but he was never put on the birth certificate could he still get custody?

Cleburne, TX |

She went to jail and she had to sign over her rights for her 2 children to her mom so that CPS wouldn't take them. Now her mom is getting my boyfriend for child support. His son is now 3 years old and has only been in his son's life the first year of his life. What should we do?

Attorney Answers 3

Posted

He should immediately retain the services of an attorney. If the grandmother has had possession of the child over 6 months then she has grounds to have custody of this child. However, once your boyfriend has been legally established as the father, he can always ask a judge for custody. Without knowing the details, no attorney will attempt to give you legal advice. You need a face-to-face consultation. Good luck!

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Asker

Posted

Okay thank you so much. If we live in a town that is about 6 hours from where the court is going to be would it be more wise if we got an attorney from there or where we live? What would be the next steps because she already talked to her lawyer to get a case started, but he hasn't got served with Court papers yet. Would we need to file or wait till he gets served? Since he is not on the birth certificate and there is no proof legally that it is his son. He would need to take a DNA test then what happens? In your opinion what percentage do you think he has of getting custody of his son? We have jobs, cars, a house, we are stable and it seems that they are not doing so well because the grandmother told my boyfriend that she needed help with money that's why she was gonna file child support on him.

Fran Brochstein

Fran Brochstein

Posted

I'd want an attorney that "knows" that judge & how that judge thinks. Again, I don't know how long grandma has had the kid & their bond. Judges don't like to disrupt the kid's life. The judge gets to decide what is in the child's best interest. There are many factors to consider - not just that you have more money. I'd find a lawyer today & be prepared. Good luck!

Asker

Posted

I understand all of that and thank you so much. Regardless if he gets his son or not as long as he takes responsibilities. I know they are only worried about the children. I just think he should have a fair chance because he is the father. Thank you again so much for all of your help.

Posted

In general the courts prefer frequent and continuing contact from a child's biological parents. The name on the birth certificate is not the only way that paternity is established; and, the fact that he's paying child support is clear that paternity has been established. With that, this is still a complicated question and it depends on more facts than you have explained here. You might find some more answers at softdivorce.com and if you would like to speak to an attorney for a telephone consultation, you can schedule a free 1-hour consultation with a member of our staff.

The information provided here is for general information only and this does not constitute legal advice. You should consult an attorney of your choosing to determine your specific legal options and decisions. Do not only rely on answers here - speak to an attorney.

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Posted

Hire a family law attorney immediately! He has a great chance of getting custody of his child but he shouldn't delay. He will be battling the grandparents for custody and visitation just as he normally would the child's mother. It can be done but be aware the courts will likely award the grandparents visitation as they have an established relationship with the child. Good luck!

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