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My fiancee has a daughter and we are trying to get at least…

Customer Question
My fiancee has a...

My fiancee has a daughter and we are trying to get at least partial custody cause we live in a different state and won't let us take her for a little while

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

Not yet we want to know our option and what to do

Lawyer's Assistant: Family law varies by state. What state are you in?

We live in the as she is in Nebraska

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

Texas

Submitted: 24 days ago.Category: Family Law
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Customer reply replied 24 days ago
We need to know what steps to follow to get it done quickly
Answered in 40 minutes by:
5/27/2018
Family Lawyer: FamilyAnswer, Lawyer replied 24 days ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,914
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 24 days ago

Good morning. So there is no custody or visitation order in place?

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Customer reply replied 24 days ago
Not that we know of
Family Lawyer: FamilyAnswer, Lawyer replied 24 days ago

Thank you. In a situation like this, a motion/petition would need to be filed in the court, where the child is living, asking that custody or visitation be ordered. If paternity has already been established, the motion can be filed and it would need to be shown that it is in the best interest of the child that this is ordered. This can be filed as soon as Tuesday, when the court opens but as far as how quickly it moves, depends on how fast this can be filed, set for hearing and the parties can appear to argue it. The clerk of court in the family division should have the forms to fill out and file to start the process.

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Customer reply replied 23 days ago
iF we put in for that how soon would the court date be and won't we need a lawyer?
Family Lawyer: FamilyAnswer, Lawyer replied 23 days ago
You can proceed on your own but it is certainly in your best interest to retain an attorney. The time will depend on how quickly this can be set on the judges docket so after you file it needs to be set.
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Family Lawyer: FamilyAnswer, Lawyer replied 23 days ago

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Customer reply replied 23 days ago
Are there things we need to look out for also he has been unemployed in a bootcamp to learn a new trade and is behind on child support should we go ahead and pay the up before we file. And will income be an issue in that.
Family Lawyer: FamilyAnswer, Lawyer replied 23 days ago

Great to hear back from you and I just kindly ask that you remember to rate my help when we are done so the site provides me with the proper credit for all my help. I think being behind in support is an issue and the other parent can go after him to enforce this and he could be held in contempt. He should bring it current and it always looks better but does not necessarily prevent him from seeing his child, which he has a legal right to do. If he is unable to financially support the child, I can not see how shared or partial custody could be ordered since it costs money to take care of the child and if he does not have at this time, a Judge is not going to take the child out of their current living situation and place them in one that may not be able to provide. However, I think visitation can certainly be ordered.

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Customer reply replied 23 days ago
I am the primary breadwinner. I can pay the child support and everything to handle this situation. He have a nice place in a great area with everything she will need. He just didn't want me to pay the support cause he did want me to feel obligated. I can support them both. But do we need to be married for this to count
Family Lawyer: FamilyAnswer, Lawyer replied 23 days ago

Yes, you would. If you want to help him out now and pay off the arrears, you can do so and there is nothing that can stop you from doing this. It may be a good idea if you want to help him since the arrears incur interest and can result in his license being suspended or even jail, to compel him paying. I also have to believe that if he tries to get custody, the mother will go after him for the support, so there is no reason to give her an avenue if this is owed and can be paid.

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