How to establish custody in Texas?

I’m asking for my nephew. He and his GF split up in December; they have a daughter. Ok, so this girl would leave the baby under my sister’s care for up to a week just to go drink with her “partners” more than one. They keep telling my nephew that if he doesn’t pay her $400 a week, they won’t let him see his daughter. The baby is always injured, bruises, head bumps, the mom’s little brother is always hitting the baby (he’s a little kid, he’s jealous). Last time she had a burn in her bum because the mom didn’t notice the baby opened a bottle of Clorox and sat on it and splashed around. Mind you; she was standing washings dishes next to her. This girl’s mom is good at scamming the government for food stamps and all that stuff. They keep telling him that he needs to pay for support of the baby, medical bills, daycare, rent, bills. She keeps pushing the date to start child support through court and custody. I have no idea what to tell him besides, go and start court on your own. He would like to have 50/50 custody or all custody of his daughter. Also, this girl and her mom go and lash out at my sister, her husband, and my nephew every single time they go pick up the baby. All I could tell them is go and start the court process yourself and record every visitation. He is from Texas. Any helpful advice is appreciated

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Help a mama out and respond anonymously on our forum. How to establish custody in Texas?

Your advice is correct, have him file first

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I would file for emergency custody. Take her to court!!! Call CPS. Document Everything!!!

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Definitely get to court. Get that poor baby out of there. File for full custody. Run-don’t waste another minute

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Go for custody then call cps on her . Take pictures of every mark the baby has

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Hire a guardian ad litem once you get the ball rolling. They can tour the homes and get all cps reports. They pick the better home and sway the judge.

File for emergency placement. If sufficient evidence is found baby will be placed with him before court dates are established.

Go to court and fight for custody!And get CPS involved. Also take pictures and any messages that prove she is neglecting and/or harming her!

Needs to get a lawyer and go to court.

Take lots of pics of any injuries to the baby. Have him hurry and file for custody even get CPS involved if there are signs of abuse. I wouldn’t take that lightly. Wishing your nephew the best that’s a tough situation to be in.

Get a good attorney. One that gets fired up about helping you get custody of this child

He needs to be the one to file and have evidence so he can prove all of this. Have him try to file for emergency custody because that’ll move things faster. Hopefully the baby gets òut of dànger very very fast

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Definitely don’t have him alone with the woman at any time even pick up/drop offs.
Record any contact and messages. Voice record phone calls and take pictures of any bruises etc that don’t look like they could just be done through a kid being a kid if you have to, if your really feeling like the child’s needs aren’t being met, do what’s best for her.

He definitely has to go through courts before they do and it looks bad on him. You was worried but didn’t file? Okay :eyes: you know what I mean :joy:

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Emergency placement and call child protective services asap

If she is truly bruised and being harmed he needed to call cps a long time ago. That baby needs to be protected and not fall through the cracks.

tell him or your sister to document everything with pictures and if possible recordings

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He needs to not pay her a dime and go get an attorney and file for emergency custody and tell him to ask for joint custody with him as the primary and 400 a week is excessive unless he has a damn good job I know in ky with my h7sbands income if we split he would have to pay roughly 2500 a month for 2 kids but that’s because he makes anywhere from 8 to 12 thousand a m9nth but anything he is giving her from Dec to now isn’t going to count in the eyes of the court and they can start child support from the minute they separated and he will then owe her back support he needs to stop giving her anything and 7se that money to file for custody and document with pictures keep any and all communications between them and anyone else concerning child he needs to record pick ups and drop offs record every interaction with her she seems like my h7sbands ex a big liar and manipulator take that baby away from this girl now do not wait she is putting off court because she knows she will be lucky to get 400 a month lol she is trying to play him and the system

Get evidence of injuries, plus taking them to Drs, also writing down when baby is in their care and in his care. Call CPS, get a lawyer and start the process for emergency custody. Bubs will be placed with him/or his parents till the court date where a judge will further decide where Bubs goes and who has custody.

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Have him take pictures of every lump and bump the baby gets, record the days and times he is allowed to have her, tell him to communicate only threw text message and to save everything that is said, he needs to file for court custody and keep receipts of ALL money he gives the mom and ALL items and food he buys for his daughter, I’d even consider calling Cps if she had a chemical burn on her body

Tell him to get with the AGs office and call CPS, if she’s doing all of this, it won’t be hard for him to get custody.

He can file child support on himself to get a custody arrangement in place. Court ordered.

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Court is his only option

My bd pays my daughters medicaid $75 monthly & gives me $300 a month we have a 4 year old. The court will probably give him 50/50 he’ll get his daughter Fri-Sun, alternates years w holidays & summer breaks. Best thing he can do is file for custody himself.

Get a lawyer & DNA don’t give her a penny get it sit up by the court Thur the court take pictures keep a record on dates time place she won’t get 400 she get what the court order

Try going to your local DCS or call the court house. Document everything. He definitely needs a lawyer. They should be able to get a court date and a custody hearing…

All of this needs to be documented with authorities.

Call cps. Go to family court and get established parenting time/custody arrangements made. They can not legally keep the baby from him, even if he wasn’t paying child support. Whether it be court ordered or not. Document EVERYTHING the courts will not do anything without evidence and sometimes even still it will be a long fight with it. Best of luck.

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Next time she she leaves the child, give her to her dad, he can keep her, and keep the mom from seeing her because since they were not married neither parent has legal established custody. Hopefully he is a good dad, he needs to go immediately to court and file for custody.

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Tell him to document it all, pictures etc…

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400 a week is a bit much other then that really not your place to jump on Facebook with it. If he truly is fighting for that child and all this is going on cps would have taken the child or maybe he should be the one fighting for his kid. Not his aunt lmao

I’d get a DNA test ASAP…if she truly needs the child support there would be zero reason she’d be pushing the court date unless there’s gonna be a DNA test and she’s worried it will come back not his

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Call CPS and he needs to take pics of all the bruises. He needs to ask in text or email how the child received them and keep those texts/emails. Since there is really no custody arrangement, next time he gets the child, he doesn’t have to give her back. $400 a week is stupid, unless he makes a crap ton of money. I receive for my daughter $272 a month in child support.

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If he gets ahold of the baby he can keep her since they don’t have court orders in place. Saying that because my sons dad did it to me and I had to get a court order to get him back. If anything get a consultation from a lawyer and see what they advise. Take pics of the baby with the bruises. Make sure the date is on the pictures. Document everything. It can get ugly. Good luck to him :heart:

Document everything date’s times everything

first start documenting everytime the child is hurt evrytime they lash out when meeting up for the child. yes and go to court and file for custody sounds like you have a good chance at getting custody and then she will pay you child support…the courts are not only for the mothers anymore they want the child with the stable parent

Record, record,record! Have one person just record anytime they meet. Dont fight back, just protect. Screenshot everything. Legal aid will help him. Document all bruises with pictures n or hospital vists.

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he needs to go to family court and file the papers. to me it sounds like he needs to go for sole physical and legal custody based off of what you said. if the child isnt being cared for and no one is doing anything about it then all parties should be held accountable! - document everything from texts to the lashing out etc. police reports if need be. that child needs a stable environment and it doesn’t sound like she has that based off what you said but again there’s 2 sides to every story and im sure his baby mom will have a different version.

Is he the baby’s legal father? If not he’ll have to start there. He needs to go family court. They’ll give him all the paperwork he needs. I hope they’re taking pictures of all her injuries & keeping record of every time she leaves baby with grandma, tells him he can’t have baby. He should file for full custody if he’s able to take care of the baby (not dump her off with gma). If he waits until after she applies for child support it’ll look like he’s retaliating.

Texas is big on keeping the baby with the mom. He needs to start his own child custody case and bring any and all evidence he has against her. Hopefully it goes in his favor.

You need to sit down and start a file. Dates and times she leaves the baby and her reasons. Pictures of the marks and how they happened. Build a case against her then call cps when there is an injury caused by abuse or neglect. Take it to court and have dad file for custody with all of his evidence that she is unable to be the better parent.

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Document everything then go file for emergency temporary custody. They will drug test and look into everything. From there he may be able to get full custody.

I hope they’ve been documenting EVERYTHING. Dates and times they’ve had the baby. When/if mom checks in on baby. Bruises, burns, etc. With pictures. It may be a good idea to get cps involved, I don’t like cps but if he goes to court saying he’s concerned for baby’s wellbeing they’re likely going to ask why you didn’t report it.

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Meet at the police station for pick ups. Tell him to go file for custody through the court and to document any and all injuries to the baby. That’s unacceptable for the baby to have all the injuries you listed. He needs to be the voice for his child that can’t speak for itself.

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Dfs might be good in this case.

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He needs a lawyer and should try to get full custody if he can prove the mother unfit. Also, he should do a child welfare check

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Document everything and consult an attorney that specializes in fathers rights.

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He needs to hire an attorney and get the process started. I see a lot of people saying call CPS but you do not want to get those child kidnappers involved if you can help it.
There are many lawyers that do free consultations. If you are in Northeast TX I can refer you to mine, he is absolutely wonderful.
In the mean time, yall absolutely need to document everything. Create a binder with a support log, always pay with money orders and have whoever accepts the money order to sign the log. Take pictures of any injuries that are suspicious. And print out a visit log to record all visitation allowed and all visitation that has been requested but denied.
You can find a visit log and a child support log on the texaslawhelp website.

Cps.
Document everything pictures video etc
Exchange the child at a public place like a police station
Keep all receipts for expenses he is paying for
Consult a dad friendly lawyer in texas there are alot of fathers rights lawyers

Whoever files first is going to have the upper hand. He’s better off getting the ball rolling himself.

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He needs to go to the local child support agency and go through that way. There’s no way he’d have to pay 1600 a month for child support - and if she’s getting state assistance then she doesn’t pay drs visits

I understand you are concerned but your nephew needs to obtain an atty asap. What kind of father stands by while child is being neglected and abused? The abuse and neglect should be reported right away. The poor child is going to be seriously hurt. She needs to be raised in a stable, good environment.

Child services (whatever it’s called in your area) get them involved and start a court case of his own!!

Call cps for one any pictures or anything so them any and all proof keep it.

If u dont make a report to childrens services…the judge will ask u why u didnt. Start there and file for emergency custody

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Document everything! Dr visits are a must. And hire an attorney asap!

I wanna know why nobody who’s noticed the abuse of the child in question HASNT reported the abuse. If u know for a fact he isn’t abusing the baby then tell him to go file for custody of the child in question. He’ll need a good lawyer tho.

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Build a case and call CS. Take pictures…document everything. He needs to go file for custody as well. Try to get there before she does. If she already has…then he just needd to build up proof she is an unfit mom.

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Document everything! He needs to go file for custody on his own and quit waiting around on her. Sounds like she sees him as a meal ticket. $400 a week is astronomical for child support.

First of all pics and document everything. Call CPS. This baby is being abused. The dad doesn’t have to wait on the mom to file for anything. He needs to get a lawyer and file for emergency custody now!

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First you need to call CPS right away!!! This is abuse in so many ways. Forget the support. File in the courts emergency custody hearing for the father!

And BTW in Texas if there is no custody order through the state and the dad is listed on the birth certificate he does NOT have to give the baby back. Custody without a court order is whoever has the baby in their possession. He needs to get the baby, call CPS, report everything and file for emergency custody!

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He needs to document everything. Conversations,take
Pictures,call cps or whatever it is called in your area when he has the baby.

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Once the child is on the fathers hands go to the court house and file a custody motion. That way where the child is at will be locked in place till after the court hearing that would also make her have Tj fight him for the custody. With nothing currently ordered they both stand on the same playing field. You can do this without a court order buts it’s so much more annoying

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Sounds like nephew doesn’t want custody or responsiblity of the child. If your sister is willing to take custody as her grandparent she also can start the process of custody by the girl leaving the child with her for days at a time.

Daddy needs to get custody before anymore mental damage is done to baby.

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Fight for full custody, document everything

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How about you call DFS and help that poor child. Document the abuse ect. If you aren’t helping that baby knowing there is abuse, you’re just as wring and guilty

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In Texas, you just have to hope you get the right judge and he’s having a good day. I can’t begin to tell you the BS I e seen in our child custody hearings. There are so many dads that deserve custody and judges just fail these children.

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Record video/photos using the timestamp app, so everything is dated with exact time and location.

he needs to go down and file for emergency custody.

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Get a lawyer. Texas is a state where the child’s safety comes first. The lawyer will advice on the right steps to get that child to safety.

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It is legal for him to get the baby as long as it’s with a babysitter. He needs to get the baby next time it’s with your sister & go file for custody

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Texas here. So he does not have to wait on her to get things going. Make sure he gets an attorney. His attorney will send papers to her in which she has 30 days to reply, I’f she doesn’t she pretty much forfeits and he’ll get pretty much what he ask for. Documentation is so important! Make sure he keeps text messages from her. Text are the most important thing! A call unless recorded is useless in court because it is a he said she said circumstance. If he speaks to her on the phone or in person Make sure it is recorded! It is admissible in court as long as there’s no 3rd party on the recording. It will help him if he starts paying child support through the AG now. If he puts himself on child support. Document documents DOCUMENT! Take pictures. Write down incidents. If there is any signs of abuse or neglect get ahold of child services ASAP!

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Go through Child Support Services. In TX they actually not only determine child support but also custody. Have proof of everything when you go to court.

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Get a good lawyer & DOCUMENT EVERYTHING!!! & I MEAN EVERYTHING!

My grandsons father started a case even though he didn’t want my grandson at all…Long story short he cost us $7000 in court/ lawyer fees just to revoke his own parental rights because he was losing in court due to us documenting everything he said & did…

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Usually custody isn’t established until you go thrive the courts which means he doesn’t hand to hand his daughter over to the mother. He needs to go for for emergency custody at the court house

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Save all this evidence pictures, texts everything and take her to court. Your nephew could have custody of the baby and without a court order saying to pay $400 a week, then it is just a gift!!don’t pay it!! Let her set things up through the courts.

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In illinois, if there is no custody established, next time he has the baby just keep her. Then tell him to go to the courts immediately and file custody. Then wait until the court hearing for them to set up arrangements.

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Record as much as you can and save all evidence take to a lawyer and take FULL custody. Don’t settle for 50/50…doesn’t sound like the baby is very safe.

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He needs to hire a good lawyer and seek sole custody .

He needs to first file a motion for visitation. Idk if not being married if Texas will then require you to establish paternity. Nobody can “make” him pay any money except a judge with a court order. Date and Document everything and take pictures.

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DOCUMENT EVERYTHING!!! keep every text, every time she drops the baby off and picks her up, take pictures of the bruises and burns! Honestly, Texas sucks when it comes to custody. BUT if you can prove the chold is unsafe he can get full custody. He can start the process without her.
All he has to do is make an appointment with the attorney Generals office to start the process. They will escalate it from there. And tbh if he starts it, it will look better on him.

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Document everything.If get gets his daughter,take her to the er and this way itll give him a paper trail.Get CPS involved asap.Keep any and every text,fb message and print them out.Have him file emergency custody at the court house.How Id do that,take the baby to the er in the morning and after,have him go to the court house and ask to speak with the judge asap bc it’s an emergency.

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Take the baby for visitation and DO NOT GIVE THE BABY BACK

Document absolutely EVERYTHING

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He needs to get a lawyer if he can and two if he isn’t paying child support he can go to the public aid office and tell them that he wants to be put on child support and wants a DNA test if one hasn’t been done OR if he hasn’t signed the Birth certificate. If he is on the birth certificate then he just needs to go to the court house and file a motion to establish visitation.

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Visitation has NOTHING to do with child support

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Also call DCFS for the bumps and bruises. Whenever he gets her for a visit take pictures of all bruises and take her to the hospital to have her evaluated for abuse. He could also get temporary custody while the investigation goes on and if it is founded then he should be granted custody.

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Document every bruise and injury on the child record everything. Your sister will have to go to court with your nephew to tell the court about the abandonment of the child for a week.

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Tell your sister to charge her with child abandonment, call cps, and give the kid to the father when she gets dropped off next.

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If he is listed on the birth certificate he can take her and not return her that is not kidnapping according to my lawyer. Go get a lawyer if the funds can not be obtained at least go get aide from the courts. They can help and get some sort of agreement if it’s sole custody or 50/50. The blackmail needs to stop from her family and tell him to video any and all exchanges

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Take her to court and get custody. Make sure and take pictures and write down everything so you have evidence of her not caring for the baby. Document everything. Get a lawyer.

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If he is the proven father he can go and take the baby from whoever is watching the child. Except from the mother. He has just as muxh rights as the mother until court says otherwise.
Or he can call cps and prove her unfit and they may place child with him if he is fit

people who get mad when moms go out after the kid is literally asleep and being watched by a gma or a sitter literally just hate women, I see it everywhere. Ask yourself honestly if she’s had more nights off than he has :upside_down_face::smiling_face_with_three_hearts::kissing_heart:

Document everything. Take pictures. Tell him to go file now. Don’t wait on her.

Do Not listen to hearsay about this sort of situation. Yes he needs to be paying support. $400 is nothing. How many weeks off has she had since the baby was born? Seriously sounds like you should stay out of it

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Take LOTS of pictures and keep a detailed journal and get a good lawyer!!!

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Def take her to court document everything marks on baby the exchange of baby how mom act video and voice record

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He needs a good attorney but in the meantime he needs to start documenting ALL interactions. Wear body cam at exchanges. He can look up what percent of his income would be the baseline for child support and pay that (or consult with a few attorneys to get a good idea of what this would be) and he needs to do it through child support agency like he needs to put himself on child support and have it all done that way not giving her cash or whatever untraceable ways he has done that. Tina Swithin group One Moms Battle is a good resource for him (it’s not just for moms despite its name) she’s got really good webinars for documentation, that bit was really crucial for me in court especially when I ran out of money and had to represent myself even going against my ex’s attorney and later just him because he dropped his attorney. It helped me tremendously. He needs to keep a journal and a calendar for documentation. Color coded to mark the times he has baby currently and the times she does. He should keep all receipts and a running ledger :ledger: of whatever he buys baby or payments to doctors etc etc. It’s a job to do this but it’s worth it.

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He needs to get an attorney and legitimize her then petition the court for custody/visitation and to establish support. Also any advice about not giving the baby back is bad advice and can land him in trouble. Please have him consult with a family law attorney. Some do free or cheap like $100 consults. Also I want to add minor bumps and bruises are not a reason to call DFACS or go to the ER. Document them, take photos, and if you are seriously concerned make a pediatrician appointment. DFACS is for abuse and serious neglect. The court system is for establishing paternity, creating a parenting plan, and establishing child support. Again HE needs to talk to an attorney.

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