The legal situation here is this. In Texas, even if the woman is not related to him, if he has lived together with her for 6+ months, she can petition for custody for him, per Tex. Fam. Code §102.003.
So she does
have the right to do so, if she wants. If she does, she would have to serve you and you would have the right to respond. What you would have to do in this case is to file an answer and counter-petition to request custody yourself.
The Court decides on custody based on the rule of thumb of "best interest of the child
.” Factors considered are custodian stability, financial resources, and other relevant factors. Texas Code - Family Code - Chapters: 5-153.004-153.434 et seq.
If she does not file a claim but simply "keeps" the child, then you can initiate it. The petition would be called a SAPCR - Suit Affecting Parent Child Relationship - if she filed it, but if you file it, then it would be a modification of the original divorce decree under the old cause number.
I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.
If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!
While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.
If you feel that I went an extra step to help, a bonus is always appreciated!
You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”