My neice had a baby boy out of wedlock. She lived with the dad and his dad for a couple of months after the baby was born. Then she was told to move out. He is 4 months. He is breast fed. The dad is named on the birth certificate and he has signed some paper stating this, too. She was in Ark but moved here to TEX in with my Mom and is looking to find work. My niece spoke to a lawyer for $75 and she told her the dad could come for a visit and throw the baby in the car with him and kidnap him and there is nothing we could do since he is the father. Is this true? This seems terribly wrong to me. Thank You very much for your help.
State/Country relating to question: Texas
My niece paid $75 dollars to a lady lawyer here in town to ask a few questions about her baby boy and her rights as his mother.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.Since they were not married that is not true. When there is no marriage, the mother is the presumed Custodial Parent. However, Arkansas does currently have jurisdiction so if that did happen and he filed in Arkansas it would be difficult to get the child back. After she has been in Texas for 6 months she can file for child support and then Texas would have jurisdiction by Federal law.
Practicing family law attorney
Is she required to let him see the child? We just do not trust him and are afraid he will try to grab him and run. But she wants to be nice about it. Which I guess is best. Can he file for custidy in ARK if he does not have the child in his custody? I clicked that button so you could get your money.
Thank You Kindly. Have a great day.
He can file in Arkansas until the 6 months is up whether the child is in Arkansas or not. After that she can file in TX. As young as the child is she may only want to allow supervised visitation.
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