Home > Legal > Questions & Answers > Child Custody > The father of my daughter is in the military and living in a different state. Am I automatically the primary residential parent?
The father of my daughter is in the military and living in a different state. Am I automatically the primary residential parent?
If not, then how can I be? We did not file for child support but he sends about 200 dollars a month. What can I do to win this debate?
Additional information
I live with his mom bcuz at the time I got pregnant we were together. We are now seperated. Im currently working but I make a little bit of money. I could move back in with my parents though. Can he use my low income and tight space at my parents house to win this case?
I am unclear what your question is. Are you divorced? In Texas, they do not allow for no child support - even if you agree to it. If you are not divorced and are filing for divorce, and he is away in the military, it is not automatic that you will be the primary parent, although clearly it is most likely. (Texas likes to make it joint custody when they can.) The difficulty you will have is getting him served.
If the child was born while you were married, it is presumed to be his child. If he later claims it is not, you may have to have DNA tests to prove it.
When the court orders child support, it will be paid through the Attorney General's office in Texas, and the mailed to you or deposited directly into your account. It is a good way to keep up, especially when a non-custodial parent falls behind on payments.
It does not matter that you are living with his mother. You are still providing the living for the children.
If you will provide more information about the situation, perhaps you can get a better answer. Moreover, if you are low income and qualify, you may be able to get a free lawyer. Contact the Houston Bar Association. They have a free call-in night monthly as well as lawyer who volunteer services for those who qualify.
I will tell you that $200 per month is decent for child support, but it is based on a percentage. He will be required to pay a percentage as well as provide health care - but only for the child - not for you.
