At this point, you need to have her sign over custody to you, signing over custody to you does not mean you are adopting the child and if she later regrets it you can transfer custody back to her. You need to file her agreement to transfer custody over to you in the court, which would mean she would need to go to court if she wanted to try to get custody back and you did not agree.
If she is now refusing to give you custody you are not going to be able to do this yourself, you will need an attorney to go to court and pursue her as an unfit parent to get custody. If she is willing to give you custody then she can sign the petition for temporary custody or just not respond to the petition. Because the father is listed on the birth certificate he too will have to be served a copy of your custody petition. If you cannot afford an attorney, you need to go to legal aid to get this done. However in the meantime, you can get her to sign a Temporary Guardianship
Agreement (you can modify this sample Temporary Guardianship Document
as it is the same format for Texas) and then next week you need to get to an attorney to complete the process getting the court to grant you actual legal custody.
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