Facts: Who's involved. Me, the mother, our son. States involved: Texas and Utah. We are unmarried and have a 2 yr old son. There are currently no court orders regarding any custody/visitation issues. Paternity HAS been established since we both signed an Acknowledgement of Paternity form right after he was born, and my name is on the birth certificate.
We all have lived in TX since before my son was born, the mother and I had recently moved in together (were engaged) when suddenly she decided to move to Utah (she's Mormon) - leaving our son with me. She came back after 2 months for a visit for Mother's day weekend, since I felt it was important for my son to see his mother. She stayed at her parents house and I let my son stay with them for the weekend. She was supposed to leave on the monday after Mother's day and instead, left that Sunday night and took our child back with her without my knowledge. I've since served her with a Suit Affecting the Parent-Child Relationship and awaiting her response/temporary hearing. Based on the UCCJA Texas will almost definitely have jurisdiction over this case and I don't think she'll contest that, since from what I know she's retained a TX attorney.
A side note (if it matters): She left without any arrangements for child care and with essentially the clothes on his back. She quit her job once she got back out there and I'm not quite sure how she's supporting herself and providing for my son. She's currently living in a 3 bedroom apt (with 2 other female roomates) with her own small bedroom, and all are sharing 1 bathroom, living area, and kitchen - obviously not the best environment for a 2 year old. Here he had his own bedroom and all of his toys, clothes, family....he was enrolled in early preschool, etc.
He's got family (grandparents, aunts, uncles) here who he's attached to, and no connections in Utah other than the mom - and she just decided to move there b/c she wanted to find a mormon husband and have a mormon family. I'm concerned that the longer he is out there with her (until the pending temp custody trial) the more likely a judge will allow her to keep him out there. I know Dad's don't typically get a fair shake, but I love my son more than anything in this world and can't allow her to remove him from my life where I can't see him regularly, especially at such a critical age. Just being able to see him on the main holidays and in the summer are simply unacceptable as far as I'm concerned.
QUESTIONS:
Do I have any options to force her to return him here? Can I legally go out there and get him back here until the temp hearing? If not, what are the chances a judge will not allow her to keep him out there/give her temp physical custody? What advice can you offer for a good strategy to ensure his return to his home state? It would be very much appreciated....
We all have lived in TX since before my son was born, the mother and I had recently moved in together (were engaged) when suddenly she decided to move to Utah (she's Mormon) - leaving our son with me. She came back after 2 months for a visit for Mother's day weekend, since I felt it was important for my son to see his mother. She stayed at her parents house and I let my son stay with them for the weekend. She was supposed to leave on the monday after Mother's day and instead, left that Sunday night and took our child back with her without my knowledge. I've since served her with a Suit Affecting the Parent-Child Relationship and awaiting her response/temporary hearing. Based on the UCCJA Texas will almost definitely have jurisdiction over this case and I don't think she'll contest that, since from what I know she's retained a TX attorney.
A side note (if it matters): She left without any arrangements for child care and with essentially the clothes on his back. She quit her job once she got back out there and I'm not quite sure how she's supporting herself and providing for my son. She's currently living in a 3 bedroom apt (with 2 other female roomates) with her own small bedroom, and all are sharing 1 bathroom, living area, and kitchen - obviously not the best environment for a 2 year old. Here he had his own bedroom and all of his toys, clothes, family....he was enrolled in early preschool, etc.
He's got family (grandparents, aunts, uncles) here who he's attached to, and no connections in Utah other than the mom - and she just decided to move there b/c she wanted to find a mormon husband and have a mormon family. I'm concerned that the longer he is out there with her (until the pending temp custody trial) the more likely a judge will allow her to keep him out there. I know Dad's don't typically get a fair shake, but I love my son more than anything in this world and can't allow her to remove him from my life where I can't see him regularly, especially at such a critical age. Just being able to see him on the main holidays and in the summer are simply unacceptable as far as I'm concerned.
QUESTIONS:
Do I have any options to force her to return him here? Can I legally go out there and get him back here until the temp hearing? If not, what are the chances a judge will not allow her to keep him out there/give her temp physical custody? What advice can you offer for a good strategy to ensure his return to his home state? It would be very much appreciated....