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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31527
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live in Texas. My son and his girlfriend have a 4 month

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I live in Texas. My son and his girlfriend have a 4 month old baby together. They have lived with me and my husband since the day the baby came home from the hospital. The girlfriend
is extremely jealous of my son- checks the history on his computer every day. If he leaves
the house, she has her brother call around to make sure he's where he's supposed to be. In
the past week, my son hears the baby crying and finds her just sitting next to the baby letting
him scream. My son will say, "Why don't you pick him up?" She just says, "why? he (the baby) doesn't like me anyway." Yesterday, she said she wishes she wasn't even born. We are very concerned. She's threatened to leave and take the baby. Since there is no custody agreement, can my son keep the baby here, if she leaves?

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.

 

If there is no custody agreement in place, both parents have equal rights to the child. Your son can keep the child and refuse to allow her to take the child, but if she takes the child without him knowing, he can't force her to give the child back.

 

He is much better off to go ahead and file for custody and get a court order getting custody for himself to prevent her from taking the child.

Customer: replied 5 years ago.
She's saying she's leaving now. Do I need to call the police to let them know that my son is not letting her take the baby?
I would recommend that he call the sheriff's office, state that she's unstable and trying to leave with the child, and hopefully the sheriff's deputy will order that she cannot leave with the child.
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