Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My ex girlfriend had a baby she was in the process of giving…

Customer Question
My ex girlfriend had...

My ex girlfriend had a baby she was in the process of giving up for adoption but but backed out the last minute and said I can have him. I moved to.texas tp.get the baby and planned on staying in Texas with the baby where he was born and where the ex lives she brought me the baby for 4 days then took.him.fr me because she doesn't like my current girlfriend soon to be. Wife . What do I need to do legal to get legal custody of the baby and can she legally take him and not let me see it if . I'm the father?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's all I can think of

Submitted: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
12/25/2017
Family Lawyer: Sue, Family Law Attorney replied 4 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 431
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

Ask Your Own Family Law Question
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

You can file a parentage action, often called paternity to seek an order from the courts for full legal and physical custody.

Did you sign any documents at the time of birth saying you are the father?

Sue

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Only the adoption papers that fell through
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

Okay. Hospitals offer fathers the opportunity to sign documents sometimes called Voluntary Establishment of Paternity that says you're the father.

You can still file a parentage action. Are you familiar with the paternity forms in your jurisdiction in Texas?

If not, if you care to send me your town and county, I can look to see if your jurisdiction makes forms available on-line or has a self-help center.

Sue

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Houston Texas
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

Okay, I'll do some research and be right back.

Sue

Ask Your Own Family Law Question
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

There's lots of information and forms available, but I'm not having luck finding the paternity petition to file at court.

Where you can start is here, an informational page with the clearest information I could find about the process for establishing paternity.

You can contact this Texas Access Hotline at 1-(866)(###) ###-#### Monday - Friday from 1:00 pm to 7:00 pm Central time.

Below are the other resources I found:

Here is the Texas Attorney General's paternity page with good information about establishing your paternity.

Here you can access the Texas Notice of Intent to Claim Paternity. This puts you and your child on the paternity list, which means the mother can't take legal action without notifying you. "The form is used in situations where the father and mother do not have a continuing relationship and the man is not listed as a presumed father on the birth certificate or Acknowledgment of Paternity. ... It will not legally establish paternity nor can it be used to add a man's name to the child's birth certificate. It is simply an assertion of belief that he is the father of a child and wishes to preserve his rights as a parent. The form must be filed before or within 31 days of the date of birth of a child. The man is encouraged to obtain legal advice and petition the court for the establishment of legal paternity."

Here is the Houston Health &Human Services page where you can scroll down to find paternity forms. If you're the father, the form you need is "Application for a New Birth Certificate based on Parentage." That form requests an Acknowledgment of Paternity (form VS-159.1) which you can get at that same site.

My suggestion is you take a little time to review these sites and decide which action you want to take first.

If you have further questions, please let me know.

Sue

Ask Your Own Family Law Question
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

Is there anything else I can assist you with?

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please let me know so I can continue to assist you.

Sue

Ask Your Own Family Law Question
Was this answer helpful?
Ask Sue Your Own Question
Sue
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 431
431 Satisfied Customers
Experience: Family Law litigator for over 35 years

Sue is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
If someone has temporary legal and physical custody of a
Good Morning,If someone has temporary legal and physical custody of a child, do they need to inform the court that they will be moving with the child? It will be in the same county but different city.… read more
lawyerJ
lawyerJ
Juris Doctorate
164 satisfied customers
Trying to get information on how to sue a mom for paternity
trying to get information on how to sue a mom for paternity fraud … read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
I have primary physical custody of my 2 yr old daughter. The
I have primary physical custody of my 2 yr old daughter. The father is ordered to get overnights effective first weekend in June. A home inspection was ordered for the father to be completed before th… read more
Sue
Sue
Family Law Attorney
431 satisfied customers
I share legal custody but retain physical custody of my
I share legal custody but retain physical custody of my daughters with their father. In regard to legal custody....if I wish to schedule counseling for my daughters for emotions around the divorce, am… read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
I have joint legal and physical custody of my kids. I need
I have joint legal and physical custody of my kids. I need to move away 400 miles for my husbands job. Do I need to change it from joint to sole or can I leave it when filling the move away order? I c… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
My wife and i have physical custody of her little cousin.
my wife and i have physical custody of her little cousin. the mother is trying to take her back, i guess my question is: What can we do to keep this from happening? … read more
Sean K
Sean K
Attorney/Member
JD
617 satisfied customers
I have 100 percent physical custody of my two grandchildren.
I have 100 percent physical custody of my two grandchildren. I have 1/3 custodial custody. My husband and I would like to move to Indiana from California. Their mother has not seen either one since I … read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
My ex has physical custody of my son in a different state.
My ex has physical custody of my son in a different state. My son wants to come back to my house. This weekend my ex locked him out and told him not to return unless he is willing to follow the rules … read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
If my wife has temporary physical custody of your child, can
if my wife has temporary physical custody of your child, can i keep her if shes physically and mentally abused? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,659 satisfied customers
I have a joint legal and physical custody of 3 kids my
I have a joint legal and physical custody of 3 kids my intention was to move in with my parents so I can save money to make a down payment for a house bu my ex is opposing can he do that? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
I have full legal and full physical custody of both my
i have full legal and full physical custody of both my children. Visitation with the father is set as reasonable visitation. Do I have any right to withhold visitation. we got into a argument a few da… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
I'm contemplating sole physical custody of my son with
Hello I'm contemplating sole physical custody of my son with visitations but I'm not sure if I should do that. … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,659 satisfied customers
I have been award sole physical custody, but the other
I have been award sole physical custody, but the other parent is prosing spending 45% of the calendar year with our son. Is this legit?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I currently have sole physical custody of my children, but
I currently have sole physical custody of my children, but have agreed since day 1 of our divorce to a schedule of Wednesday overnights and every other weekend. I received a call yesterday morning fro… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,702 satisfied customers
We have a legal issue regarding physical custody in New York
We have a legal issue regarding physical custody in New York that came up today where the father went and filed for physical custody without the divorce first requesting that his family gets both kids… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
I have a big question my mother has physical custody of my
I have a big question my mother has physical custody of my daughter and my daughters mother and I have joint legal custody the order that we have stated that the grandfather on the mothers side can't … read more
Ray
Ray
Lawyer
Doctoral Degree
32,562 satisfied customers
What does joint physical custody mean in MN state? How is
What does joint physical custody mean in MN state? How is that different from sole custody with scheduled visiting time for one parent? Does this affect child support? Can you have joint physical cust… read more
Sue
Sue
Family Law Attorney
431 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,659 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x