Hello. The person facing this legal issue is in need of detailed private attorney counsel. Many more details need to be known, questions asked and answered, etc.
CHILD CUSTODY & PARENTING TIME LAW, PARENTING TIME EXPEDITOR, FAMILY LAW
As the other attorney stated, the father is the one that needs to seek legal counsel in this situation. That being said, the first and biggest issue is a jurisdictional issue. Based on the limited information given above if the child is only in MN for a visit and lives in Texas the rest of the time, the father may have to file any motion for custody in Texas. If that is the case the father would have to look into hiring an attorney who practices in Texas. I suggest the father has an attorney review his situation, so he or she can give a better answer to this question. Good Luck!
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I suggest father contact a MN family law attorney before the visit to discuss the situation and possible options. If he has to pursue a legal action, he's likely going to want a lawyer anyway.
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The father has a problem - it doesn't appear that he has ever gone to court to obtain a COURT order granting any kind of legal or physical custody over the child. An unmarried mother has sole legal and physical custody of the child at birth, and unless the father does something to get some rights, he has none. Add to that the fact that the child and mother are, apparently, residents of the State of Texas. I think he's going to have to travel to TX and start a custody proceeding there - MN courts don't, in my opinion based upon what you've posted, have jurisdiction over the child (just because the child is here on a visit doesn't convey jurisdiction). The father is going to have to prove (a) paternity, (b) that the mother is unfit, and (c) that a return to Minnesota is necessary for the welfare of the child. He's going to have a tough time proving all that. Your claims of "emotional abuse" aren't very compelling, and he'll need more than that to overcome the presumption that the mother retains custody.
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