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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: 8 months ago.Category: Family Law
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Answered in 1 minute by:
12/25/2017
Family Lawyer: Sue, Family Law Attorney replied 8 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 667
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

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Family Lawyer: Sue, Family Law Attorney replied 8 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

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Customer reply replied 8 months ago
Only the adoption papers that fell through
Family Lawyer: Sue, Family Law Attorney replied 8 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

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Customer reply replied 8 months ago
Houston Texas
Family Lawyer: Sue, Family Law Attorney replied 8 months ago

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

Sue

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Family Lawyer: Sue, Family Law Attorney replied 8 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

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Family Lawyer: Sue, Family Law Attorney replied 8 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

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