I've been told the mother is the default primary %26amp; physical custodian and I've also been told that the father (though he has acknowledged I'm the primary gaurdian) can take her away to Utah (where he lives) %26amp; sue me for custody. I am in the process of officially filing for custody but want to know my rights in the interim.What is the Texas default law for primary custody of a child of parents that were never married?
Until there is a court order ordering custody, each parent has equal rights to the child.
In other words, you or your ex could take the child out of state as long as you keep the other parent informed of the whereabouts of the child.
Run, do not walk, to the courthouse to get custody!!What is the Texas default law for primary custody of a child of parents that were never married?
yes, if there is no formal custody agreement (ie, court appointed) then either parent can move away with the child and file for custody in another state.
in the meanwhile, if the father is likely to keep her and file for custody, then I don't recommend that you allow him to have unsupervised access to her. As long as there is no formal custody arrangement you can say when and where she goes while you have physical custody of her. once you surrender her to your ex's physical custody, you are at his mercy.
Default = whoever has physical possession has custody by default. Once you're in court the court will look to the best interetsts of th child %26amp; that is usually the parent with whom the child has resided for most of the time preceding the court's involvement.
Run, don't walk, to the office of a family lawyer. This is truly a minefield and you need and expert to guide you through it.
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