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Help needed

Started by tallfather, May 29, 2005, 12:43:58 PM

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tallfather

I have read most of the questions on this forum and have come to grips that I must do something to get my son back home with me.

I did not marry my son's mother.  She and I lived together for 6 years.  We now have a 2 yr old son together.  We have been renting a home for about 1yr now.  She had a son prior to us meeting but she sent him to live with her sister and he as never known his mother other than long distance calling.

She has quit her job and decided to move back home and has taken my son with her. She did this without my approval and while I was not home.  I have tried calling her parents and her cellphone (which I am still paying the bill for).  We don't have any money in our joint account so she can't run with any money.  She has not returned any of my calls and it has been 10 days.  I might also add that her family does not want us to be together and are provoking this conflict between us.  No violence has occured and no police reports can substantiate any lies told by her to get her family to help her.

I've contacted the Attorney General and requested a Custody Conference which will be in 2 days.  I have also gotten some help from a Texas Fathers Rights group.  They are preparing a TRO and Divorce filing.  They are a small group and it has taken them 7 days to get this paperwork completed.

I am asking for help so that I may locate a better service than above and maybe some direction on handling this myself.  I do not have the large $2000 retainer fee that has been requested by all the Attorneys (5) I contacted.

Please help adn explain where/what can I do to protect myself even more.

TGB

See "Tips for Getting Started" at http://www.deltabravo.net/news/10-19-2000.htm

CustodyIQ

Unfortunately, without marriage, you must first demonstrate to the court that you are the father before you're recognized as having any rights.

You would NOT file divorce.  You would file a paternity action.

In your paternity action, you're going to have to outline what you want.

Since the mother is already living in another state, I think you have a major uphill battle to have your child returned locally.

Even if you don't have $2,000 for a retainer, I would suggest that you meet with an attorney as a consultation to hear what he/she has to say.  Some attorneys will do a free initial consultation, and others will charge their normal hourly rate.

You shouldn't tell an attorney that you have no money.  Go into the consultation as a person who is considering hiring an attorney.

See what they have to say about your case, including best strategy.

Some courthouses have family law information centers that help fill out paperwork.  You may wish to check into that in your county.

Also realize that you'll end up paying child support once paternity is established.

Not a fun road you're facing, but it's a necessary road if you wish to be an involved father.

The BEST shot you have at staying involved with this child is to move to where the mother is and then file your paternity action there.

This isn't about fairness or justice.  It's just how things work in child custody rulings.