I live in Tx. I am 21 with a 3yr old son who I have been with since day one his mother is also 21 has my son, a 1 1/2 year old and a baby due in about a month. About 11 months ago she up an left wit my child got married an moved to MS w/out my knowledge. I pay childsupport so according to the docs. She had all the right to do so.

Problem: My son has been between Houston and MS since the beginning of the year but for the past 4 going on 5 months he's been with me and my family when I'm at work. She also has the 1yr old who's been w/ her mother for the past 2or3 months. Her reason being is because she's pregnant so she doesn't want them until the month after she has her new baby.

My son and his younger brother are with me now. I honestly feel she's never really been a mother to either child. She's never worked not one day in her life and I have always been there for both boys

First, I gather you never married. Was paternity established by court or did you sign an acknowledgment of paternity? Was support court ordered? Did you ever establish visitation through the courts?

-I signed the acknowledgment at the hospital

Support wasn't court ordered she stayed with me though the entire pregnancy all the way til' he made 2months then I enlisted into the Army National Guard

-I told her to do file it to get free daycare at the high school she attended so she can finish school

-we never went to court just sat with the in-front of a lady that gave her everything
.. I was 18 when I came back for a 2days after basic training and shipped to my next duty station

-we never went to court just sat with the in-front of a lady that gave her everything


Lady from where? Define "gave her everything"?

Excuse me, the dcss rep. we sat with made her the custodial parent

I don't have the papers in front of me but the docs say she determines where the child lives, what school he attends, doctor, etc...

excuse me, the dcss rep. we sat with made her the custodial parent

i dont have the papers in front of me but the docs say she determines where the child lives, what school he attends, doctor, ect...

Thus she is designated as "sole custodian".
I assume Texas has jurisdiction over the case.You need to file for modification of the order in your District Court.
By the way I am in doubt whether DCSS has right to make custodial decisions in Texas.

In Tx the Attorney General's office handles Custody/support issues. I agree with GV that whatever agreement the lady from dcss setup is probably not legally binding. They have no power to establish custody or visitation (though maybe support) orders, only a Family court can do that.

So, what you need to do is go to Family Court and get a judge to establish custody. If they continue to award primary custody to the mother, then you will have to request a visitation schedule and deal with a support order. If you can get primary custody, then she will be the one requesting visitation.

You may get a consultation for free here:
Houston Volunteer Lawyers Program -Phone: 713-228-0735
712 Main Street, Suite 2700 Houston, Texas
http://www.hvlp.org/home/default.aspx
http://www.mapquest.com/maps?address=712+Main+St&city=Houston&state=TX&zipcode=77002
Or here:
Lone Star Legal Aid-Phone: 713-652-0077/Houston/ or 1.800.733.8394
1415 Fannin Street Houston,TX Monday - Friday 8:00 a.m. - 5:00 p.m.
http://www.lonestarlegal.org/
http://www.mapquest.com/maps?address=712+Main+St&city=Houston&state=TX&zipcode=77002

My advice- file for custody determination ASAP!!!
Good luck!

Correct I'm the non-custodial parent, but thanks, you both got me the answers I needed

An if anybody reading this with a similar problem there is a family law firm in Houston "FATHERS FOR EQUAL RIGHTS" specifically aimed to help fathers in need an it's a volunteer service that will represent you

Only costs are a 300$ donation and 150$ for any docs used in court provided by them

There maybe other avenues of help all you have to do is research your area

an if anybody reading this with a similar problem there is a family law firm in Houston "FATHERS FOR EQUAL RIGHTS" specifically aimed to help fathers in need an its a volunteer service that will represent you

only costs are a 300$ donation and 150$ for any docs used in court provided by them

there maybe other avenues of help all you have to do is research your area

Really? I thought FFER is located only in Dallas and Fort Worth;)
The Houston's office has to be a new one.

I don't know if its new or not but its downtown , thanks again