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

Asked over 1 year ago - 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)

  1. Fran Brochstein

    Contributor Level 18


    Lawyer agrees


    Answered . 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!

  2. Dana Palmer

    Contributor Level 11

    Answered . 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 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... more
  3. Jacqueline R. Kriebel


    Contributor Level 14

    Answered . 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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