My son's Father Lives in Texas and Im not sure How i i go about sending him for the summer with no paper work saying that im his Legal guardian I take care of him and he doesn't paid child support.So i how do i go about sending him and worring that he wont bring him back with no documents saying That im releasing him for only the summer do I go to court and and get some papers notarized from Here where i Live in florida and in texas So ill know for sure he will bring him back?...
You need to have a legal and set custody agreement set before you send your child out of state to visit the other parent.
You really should have the paperwork filed through the court before sending your child out of state. Your son's father can easily say that you abandoned the child and keep him. As long as you and his father agree on the arrangements then you shouldn't have a problem.
Like KP said, don't send your kid anywhere you're not comfortable with him/her going without a specific court order / custody agreement in place.
Do you have full, LEGAL custody?
Don't send your child anywhere, with anyone, without getting custody established legally.
If there's nothing on paper, then you need to finalize custody and visitation. ASAP.
Don't let him step a foot near a plane until you have the proper paperwork in place. Call your local Social Services Dept. and ask them to refer you to someone who can assist you with this.
If there is nothing on paper there is nothing stopping him from taking the child. Get your legal ducks in a row!
You have to obtain physical custody of him through the courts. Without a court order saying who has physical custody, your son's father could keep him in Texas and the only recourse you would have is to file for custody at that point. But the police will not be able to assist you in going to get your son until a judge awards you custody.
Get the paperwork going right now - it takes time. If you were not married, you would go the route of establishing paternity and through that process establish custody and visitation.
Again, get started now because the process is time-consuming and without a court order, you have no protection.
You don't send your child until you have paperwork from a Court indicating that YOU are the legal custodian of your child. If you send your child, his father could say that you dumped him and now he (Dad) is the legal custodian and go to Court here in Texas.
Your priority right now is establishing custody and support for your child.
It sounds like you weren't married and got pregant by him? How old is the child? Regardless, all you need to do is go to your county courthouse and get the forms to file with the court. You will need custody, parenting time (visitation) and child support. Sometimes there is one form for all 3, but they are 3 different situations, if that makes sense. You need to have something approved thru the court before you send your child anywhere. Especially ALL summer. Has the father even had time with the child? Don't feel obligated to do this just because he's asking. It would be easier to answer this if we had more details. And just be aware, that once something is filed, it is in PLACE and is VERY difficult to change unless something MAJOR happens. Good luck!
I was told this by a single, never married parent about custody in Texas. It does not matter if the one parent does all the supporting of the child. You have to legally file paperwork to state that one person has custody. You have to define visitation and you have to have it approved in court. Without a court order of visitation then it does not matter. Essentially without it Possession is the law. If your son is with his father then there is nothing legally stating he does not have custody and it will turn into a massive legal battle.
If you are hesitant or afraid to send your son with his Father then don't. Custody, visitation and chidl support should be established through the courts they are three separate matters in the eyes of the courts.
I agree will all of the posts so far that encourage you to get that in order first so you can have a legal leg to stand on if needed.
make it all legal. That should be your #1 priority.....
DO NOT send your son to his father in Texas, PERIOD!!! Not without LEGAL FLORIDA COURT DOCUMENTED CUSTODY. PERIOD.
I say this as a former resident of The Great State of Texas! Now, I love my state of origin and WILL return one day when my son is out of HS. However; the child custody laws in Texas, for unmarried, separated and divorced parents will almost always favor the "parent in possession" in Texas. PERIOD.
My father is a former Juvenile Judge. He always implies to me that if I EVER want to "come home"( my family and friends do like my son's father, but he is a very good, involved, attentive, lovingly supportive dad to our son) I can because once I leave Florida with our child and go/visit/vacation/move to Texas, Florida courts will have NO jurisdiction of custody, period.
I am not married to my son's father, but I would never take my son away from his father either; that is why I am in Florida. period;)
Get Legal Custody, now!
