First and foremost he needs to document all her injuries!!! (Pics & videos) He needs to go see a family attorney who specializes in custody ASAP!! First consult is usually free…
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Document and date every bump bruise and excuse. And money paid if you can dates and times pictures of every injury with face showing to verify it’s her
Does he want custody Definitely shouldn’t be blackmailed they way he is. Get real information
Go to court
Get custody order and parenting plan
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Document everything and have him take her to court. Get a lawyer. Do not pay her anything until court, because she may end up owing him child support
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She will take the 400 in go party in the baby won’t get the stuff in needs
Talk to a lawyer and see if he can get emergency custody because he fears for the baby’s safety.
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Like everyone saying document everything pictures right down in note book pick up drop if gives clothing or changes whatever times for pick up drop off everything.
The first visit to a attorney office is free… Get your questions out.
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Tell him to record when they do pickups or drop offs to show how they act towards his family during those.
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Document everything and he should contact a lawyer
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The child is being hurt - no matter who it is or who is supposed to be watching the child - you need to get the law involved asap - courts too. Maybe you need to step in - asap if nothing or no one else does. The little baby girl is YOUR family. Take charge before she’s hurt again or worse.
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Have attorney file for what is called an ex parte (emergency custody order)
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Why haven’t you or the dad contacted cps? You need poster trails for any sort of custody and it seems y’all are trying to say she is unfit. Start there
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He needs a lawyer and always take pictures and write down dates and any other info needed to show the court.
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First take the child to the doctor or ER to have a physical exam. Also call DCS and let them know you’re taking the child to be seen. Remember you are a mandated reporter and so is baby’s dad. He could have baby taken from both him and mom by not reporting. Second file/at the same time file for emergency custody. And also get a lawyer
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Ummm call cps! If she has bruises and is being neglected why is no one intervening? Smh
Take all the medical documents, when you guys go to court, cause there’s a good chance you guys can get custody.
Take picture of injuries. Save text messages from her/try to get her to talk her stupid nonsense and save those messages. Call DHS but make sure the baby is in your care if you can!!! Very important to document injuries when coming from mom and soon as the r baby is in your custody take pictures and report to child services. Eventually they’ll take her from the mom and put the baby with family the first person that calls usually get custody then They will take moms foodstamps and every assistance she gets and give it to dad who should have the baby if he doesn’t make too much money. Please don’t let this go any longer if you’re concerned about the baby’s safety
Also, he needs to file for custody first, try and do so when you have the baby in your custody. If there’s no agreement then whoever has the baby gets custody while waiting for an agreement so she can call the cops all she wants but if baby is with dad they can’t take her form him
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Tell him to file for custody and while waitfor a date to keep the baby. The mother, nor anyone else, can take her unless he willingly hands her over. There is no custody establishment yet so he can keep her and not give her back until it’s court ordered. Good luck and God bless your family
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He has to go file for custody on his own
Write everything down, dates, times, words exchanged, excuses. To get it going himself, prob starts off at 1200 or so but it’s worth it to not hear that every time child is exchanged. That baby don’t care who’s paying for what, nor does she or he need to hear all that. The ball is in his court right now, so y wait?
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Call cps for well child check. Then have dad make sure he has proof he can properly care and provide for baby.
Document document document! Record EVERYTHING. Even the most trivial things. Pick-up/drop-off. EVERYTHING. Pictures of injuries with dates. Text messages, ALL OF IT. And call the police to do a wellness check when she’s at mom’s house. And as a last resort, call CPS. If that child is in danger, they will step in and grant dad custody, as long we he passes all the interviews, background check and home check. Then sue her for FULL custody. Don’t do 50/50. She’s obviously neglecting his child and causing bodily harm. She needs to get out of there NOW.
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Record. Record. Record. Absolutely everything from phone calls / texts/ visits / take pictures of everything! How the baby looked when she was picked up or dropped off and vice versa. Call the cops everytime the “mom” shows up and starts arguing so there is records of her lashing out!!! Personally, I would think dad should have FULL not 50/50 because there’s a lot to go wrong from there to…like wanting to switch weekends // drops offs // he could get stuck paying for a lot because the mom isn’t paying her half of daycare or anything // if he pays her directly she can say she never got child support
In Texas, if he is on the birth certificate, he can legally keep the child until they go to court. Likewise, she can do the same. Neither of them have to grant visitation until it is court ordered. If he is worried about his child, he needs to keep her until the court date.
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Check out abandonment. Next time she skips out for a week to drink
If there is no custody order in place, he does not have to give the daughter back. I would get her for a visit and refuse to give her back, and call CPS on your own and let them know that you fear for your child’s safety with the other parent. My friend did this and he was given temporary custody until the court date came up and was then granted sole custody. He called the police on the day his daughter was supposed to go back with mom and told them he didn’t feel safe sending her back, they came out and called CPS for him. Your nephew could do that or just call CPS himself, but I would do it while he has her so the baby doesn’t get stuck in that awful situation while everything gets figured out.
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Cps and he needs to start documenting literally everything. Photographs, screen shots, recordings, bank statements or check/money order stubs. Do not ever just hand her cash.
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CPS! Take pictures and document everything!
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The best would be to call cps and tell them everything going on. Document everything with pics and go to the police department where mom lives when he gets her and she is injured. Also have him take the baby to the hospital and tell them what’s going on and he just wants to make sure she is ok. They also have to report any suspected abuse. Good luck
In Texas if there is NO custody agreement as long as he’s present he doesn’t have to give the child back and if the child is in danger, I wouldn’t.
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Document all the injuries when she arrives to their house. (Pictures and write down if they’re new or old injuries) idk about in Texas but more than likely he will first have to establish paternity if he didn’t sign a paternity acknowledgment at birth then try for custody. If he signed the paternity acknowledgment i would call dcfs and have the child removed from the mother’s custody. Call while the child is in your nephew’s mother’s care not the child’s mother’s care.
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CPS if she’s harming and not taking care of the baby
He also doesn’t owe her no where’s near $400 a weeks
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I would have him file for temporary custody of the child until it can go to court and while waiting for the court date have him take pictures of injuries and document everything he can remember that happened. I would also talk to child services because if he knows the child is being abused and does nothing he could be held just as libel.
Get a lawyer and then start a CPS case. Document EVERYTHING. Save all phone msgs and texts. Take pictures…and make sure your son has all of his ducks in a row…job, a decent place to live, and everything he needs to care for his daughter.
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He needs a DNA test done. Start the court process and have a judge order it. That is step number one. Clarks are really helpful on what paperwork you need to file.
I don’t know Texas law but I know in Michigan if the father is on the bar certificate and no custody order he could keep the child and start the process of getting custody on his own and from the sound of it sounds like that’s what should be done quickly
with chlorox burn, injuries, etc sic Child Protective Services 2 investigate.
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Document EVERYTHING and apply for legal aid. Maybe find a family law attorney that can work with payments.
Document everything. Next time he has a baby take to the dr to get it on the record. Do it every single time. He needs to do it himself and start the court case. No way in Texas would child support be $400 a week plus all bills and rent. She is blackmailing him. Keep all documents and records. Also, if you’re worried about the baby do a wellness check.
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Take pictures of any Injuries or bruises or burns each time you first get her take a picture of her clothes and appearance keep a notebook Write down each time you get her anything The way the mother acted what the baby looks like if she’s hungry Just keep a notebook and write everything down talk to the DHHR ask if you can be appointed a legal aid lawyer
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Just go to court, serve her with papers document everything
I’m from Canada, so I can’t speak to American or state laws, however I would start using text and email for most communication. That way there is a paper trail. Documentation is key. Record interactions at drop off/pick. Document all injuries with photos and dates and time. Definitely contact Child services if you believe they are harming or neglecting the child. And file for an emergency custody order. But make sure you DOCUMENT!!!
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He should file for emergency custody immediately. Sounds like the child is in danger.
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Honestly going thru the court will be a blessing to him.
If hes on the b.c. get a month or longer paper trail with pics and documentation. Etc. Proof.
File for emergency custody.
Go for full custody it may look bad on him if he only goes 50/50 or if he waits to long and to do something. Contact legal aide. KEEP ALL RECEIPTS TO PROVE SUPPORT WHEN U BUY STUFF FOR BABY
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CPS definitely. That baby is in a dangerous environment, neglectful mother and the child needs to be told that he cannot hit the baby as if he was hitting a doll. The mother doesn’t get to decide how much money she gets given from child support it gets calculated, the mother sounds greedy and only wants the money for herself.
Keep all text messages and video all exchanges. Take pictures of baby when they get her in their care and again when she is going back to her mother. Like you said he needs to file for custody immediately.
He needs to go start court on his own. And call CPS on her if there’s abuse.
Since there’s no custody established, he doesn’t have to turn the baby back over to mom. The next time he has the baby, go file for an emergency custody hearing. Document EVERYTHING. Texts, photos of injuries, EVERYTHING.
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Uh, get CPS involved? Start that paper trail? Certainly help the nephew in court.
Call child services bcuz this child needs 2 b removed from mother’s care.
Take pictures. Keep all messages as proof. Have him screen shot every message.
Ok!! First off Your nephew needs to contact CPS and open an abuse case. This will automatically get his daughter from this psycho, especially if she has bumps and bruises on her. Simultaneously he needs to file in court an emergency order for custody because of the physical abuse he has seen (bumps and Bruises) and abandonment (leaving the daughter for more than a few days so she can go drinking. He needs to put in the order that the money gives for support is going toward her addiction and not for the care of his daughter. Also he needs to file a fraud case with the state regarding food stamps etc. DOCUMENT EVERYTHING, WITH PHOTOS, AUDIO AND WITNESS STATEMENTS. Texas doesn’t play when it comes to child abuse and fraud. Because there is no formal custody order he does not have to give his daughter back when visitation is over. When he gets his daughter for visitation if there are bumps and bruises, etc., call the police and have them document the abuse. When it is time to give her back to mom, have mom come to his residence to get her and have the police there and have her arrested for child abuse. This is a serious situation. And honestly, she says her brother is hitting her but I think it is more she and her partners are hitting and hurting her. I had a situation a couple years ago where I was staying with a family who’s daughter had 3 kids, the youngest being almost 2. I noticed bumps and bruises and burns on the baby. I brought it the grandparents and to Mom my suspicions. I told mom that if she didn’t act quickly this BF was going to kill her daughter. 3 days later the baby was dead and this POS is now awaiting a death penalty trial in Arkansas. He caved in her skull in a drunken rage with the heal of his boot, while mom was grocery shipping… We were all told that Sofie’s brothers were causing the bumps and bruises. If I were your nephew I would get his daughter away from this psycho before his daughter is murdered. I am not being dramatic this is a VERY SERIOUS SITUATION AND HE NEEDS TO ACT IMMEDIATELY.
Document everything. Get a decent lawyer.
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Honestly if its like that and the baby get injured all the time-if custody is not made thru the courts yet when it is his turn w his daughter simply dont give her back and file for custody. She can call the cops but they cannot do anything except tell her that this is a civil matter go to court. Because they both have rights unless court appointed.
Either way for sure document everything, phone calls-time durations-date and what was said, keep all texts- do not engage back negatively, stay calm, when giving money make a money order- keep the stubs, when buying things needed for bby -keep reciepts. When my kids go to the doctor they print out the info of the reason of app and what was done- ask for that for ALL visits you need to take her to when she comes back due to unknown injuries.
Id have a daily planner book to jot everything for any incidents or any kind of communication w the bm. So when that court does come he has such a great time line of proof of all he is accusing n not just a he say she say thing.
It really does help
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Child protective services or a order of protection
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Every time she comes with injuries, pictures need to be taken and she needs to immediately be taken to the doctor or ER. It’s important to have him file for emergency custody but they will also want to see a history.
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Contact a family law lawyer for a free consultation
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Take pictures of all injuries on the
This poor baby. Have everyone on your nephews side write letters to the court. Keep all texts.
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A lawyer.
Stop asking FB for legal advice. 
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Most helpful advice is for him to go see attorney.
If they haven’t started anything, I would say keep her, neither has established custody. Just an opinion. But he definitely needs to start court proceedings himself!
Your nephew felt he was old enough to get enough to get into this mess. Let him be old enough to get out of it.