Should I file for full custody?

I had a son five years ago in 2015, and my son’s father was never in the picture. He would answer my messages when I would send him pictures of our son here and there. When my son was born, I had put child support from day one. At that moment, I lived in Oklahoma. And my case went silent never did it move. Let me tell my son’s father is and lives in Arizona I had moved to Oklahoma where my sisters live before giving birth because I didn’t have anyone else in Arizona to help me as I became a first-time mom. Anyways my child support case never progressed, and I called each month for about three years. Yes, I know I should’ve just paid an attorney, but I didn’t have money like that to spare for an expensive attorney. As much as I called everywhere to get help, no one helped my case. Fast forward now. I have been living in Texas for one year, and from the moment I came to Texas, I transferred my case here. Thank the gods I got a response from Texas, and they acted really quickly. My son and I got tested for DNA, and everything progressed quickly. My son’s father got tested, and obviously, he’s the dad. The question is, everyone has been telling me that I should file for sole custody? Is that correct? I thought since he’s never been in his life and we both live in different states theirs no way he can fight custody. I don’t mind him being in his life heck. That’s all I’ve asked of him, but he never cared. I’m just scared they will want to send my son out of state to his father, who he doesn’t even know. I’ve been married for three years, and my son all he knows is his stepdad who has been in his life since he was six months … I’m confused. Our court date was delayed due to the Coronavirus, so all we got was paternity established… do I have to file sole custody

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Yes, otherwise he has equal rights and can just come take your son.

I think a better option would be to have the father give up rights and have your husband adopt him. No you wont get child support but at this point is it even worth it if you have a 2 parent household? Since you have stablished paternity the father can file for visitation or joint cutody at any point and his name will be put on the birth certificate after everything is said and done. If that isnt an option I would still file for some sort of custody so there is something legal in place in case father decides he wants to pop up

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If he hasn’t came in three years what makes you think he’ll come now? I wouldn’t. That’s just opening the door for him to get visits with your son. Leave it be and just let him pay the child support.

I would. At this point is the child support even worth it. But if he took the DNA test he might still be able to try to fight you if he wants. Best of luck

Does Texas have abandonment laws?

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It’s in my experience whoever files first has the upper hand on the other person, with your particular situation and the fact that he has never been involved it would sway it more your way but just to be safe I agree with the ladies that stated above to go file and don’t leave it to chance. Is he on the birth certificate?

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Yes. Go to court. Get child support. File for custody… They may insists on a parenting plan…

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Yes you need to go to court and just get it over with it. Dad may wanna be part of his sons life now. Is that bad thing if dad decides he wants to be apart of his life.

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Go to court and file for a parenting plan. You can request sole custody, but there is a small chance the father will get visitation rights. More than likely visits will be short day time visits to begin with and dad will have to come to you and the child. If he regularly exercises these visits, don’t be surprised if he then does get the child with him for longer visits.

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Yes make sure ur sole custodial parent he could just up and take him, protect urslef

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in Texas they will give a visitation to the father and set a schedule. If he is put on child support. Other option is ask him to sign the parental rights away. Have new husband adopt child. If that is something the bonus dad wants to do. He will then become financially responsible if you two divorce or split up though. Texas does not play when it comes to child support and visitation. They have some of the most strictest laws about this.

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Or see if the real dad will sign away his rights and letthe step dad adopt

I think this is a legal question and until you speak with an attorney you won’t get the correct answer.

You should definitely file for sole physical custody. Immediately.

If you ask father to give up his rights , you are also giving up your right to collect child support.
It may be different in Texas, but that is how it is in Pennsylvania.

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It probably couldn’t hurt. To at least have to paper work just in case

You get more child support if you have sole custody. I’m the only one with a custody order for my ex because we were married the rest weren’t. Anyway he pays me 500 more a month than all the rest because if there’s no custody order they go off standard time regardless of what actually happens.

Every one says he can give up his rights but thats NOT true a court will not terminate rights just because he dose not want to parent.
If you file for full custody you need to officially establish paternity in court. And he can contest you have custody.
If hes on the birth certificate but paternity has not be officially determined then he cant just take the baby when ever he wants thats not how it works. Right now you have physical custody there is im assuming no parenting plan so go to court and petition to have paternity then move on with the case.

If you do make sure to do it as an add on to the original case or it will be separate

You really should file.