Hello, I've been dating this guy for a year in a half, and on May 23, 2008 the mother of his child dropped the baby off at his mother's house where we picked her up. My boyfriend is military and was in town for the weekend so he had to leave and go back to work. I took her back over to his mom's house so the mother can pick her up. When we called her phone there was no answer. We called her seven times and she didn't answer. The child is still with me as of now. I've moved to Texas, where me and the baby reside, and her father lives in Fort Polk, La. We have not heard anything from her mother since Aug 6, 2008 when she tried to take him to court for child support, but lost the case because the child was no longer in her care. At the time I took her in, we were living in Louisiana, but now we live in Texas since July 6, 2008. She has made no attempt to contact us regarding her child or made any attempt to help support either. By being the non parent, but the sole provider, what are my rights as to filing custody for the baby?

Your Boyfriend is away in the military but does he have full custody of the child? Do you know if he has 50/50 ? Because I think your boyfriend needs to file for it first so the court can see that he is trying to take initiative over this situation since the mom is not even showing any type of interest in the child!

The easiest way to do it would be for the dad (your boyfriend) to file an action in court (Texas) and seek custody himself (this could be done on an emergency [short or no notice] basis. And he'd get custody, based upon the facts you've presented. He could then let you care for the child while he is away.

Alternatively, you could ask for a guardianship yourself but the dad would have to consent to it.