Here's my problem. I am not on the birth certificate of my now 1 year old son. I even live in a different state as him. His mother was found unfit according to the state of TX, which I don't have a hard time believing because she already lost custody to her other 4 children. My son was staying with his maternal grandfather there in TX and once he and his girl friend broke up, they "gave" my son back to his mother. I have tried a number of time to tell Cps that I was indeed the father and was willing to drive down there and submit a paternity test. They have not called me back and it's been months since the last time the investigator talked to me. Should I let Cps know that the baby is back with his mother? Also how do I go forward with custody considering I'm have no rights? I also can not afford a lawyer, but my wife and I definitely agree we need to get him before any thing else happens and he goes into foster care... Please help..

Why didn't you sign an acknowledgement of paternity when the child was born? Why didn't you try to claim the child when it was taken away?

CPS is probably not taking you seriously because you haven't made a serious attempt. So what you need to do is file in TX courts for custody of the child. The courts will order a paternity test and if it comes back positive, there is a good chance you can be awarded custody.

I was not there at the time of birth and honestly didn't know where the mother went we we broke up while still pregnant. I got in contact with her as soon as I could find where she was. I live in the state of Missouri and my son lives in TX. If I was there I am sure it would be a little easier on the situation and she would have already left him with me instead of all those other people. Now at the moment she has him and is not supposed to. I want to get him and do the paternity test. I know that much. I just need to know how to get there. So do I turn her in to cps? How do I get Cps to order a paternity test? I'm and truly clueless when it come to Cps issues so bare with me.

You can report it to CPS, but I still think they won't take you seriously until you file a petition for custody in TX court.

Thank you. How would I file? Do I need to go to TX to file?

No you can probably file by mail or have someone file as your representative. You will probably have to appear before the court at some pint though.

IN Texas, custody issues are handled by the Attorney General's office. So check with them about the requirements.

Well I got the mother to agree to let me come down and sign the acknowledgement of paternity. My question now becomes am I allowed to take him out of state once that is done?

I would contact, the TX AG's office and explain the circumstances. Just signing the acknowledgement might not be enough to grant you custody at this time.

You can't risk taking the child until you have concrete proof that you are the legal father and custody is deferred to you. If the grandfather has legal custody or guardianship, he has to relinquish it legally.

You're right and turns out that her ex husband would have to sign something "denial of paternity" which is not going to happen because she won't allow him any where near her.. The AG I talked to today said my best ideal would be to get a lawyer. More money, but it doesn't even matter anymore I just want to get him home safe and end this. By next month I'm sure Cps will be looking for my son since he is not at the residence where he's supposed to be. So I need to make my move and have it done legally. Thanks for your help and great advice Scottgem.

You didn't say she was married at the time she gave birth (or close to it). If that's the case, yes, he would be considered the legal father unless a court says otherwise. But he doesn't need to see her to sign a denial of paternity. You can have the form prepared and sent to him, he can sign it, have it notarized and send it back without any contact with her. I would suspect he doesn't want to be addled with the responsibility for this child so he should be willing to sign.

Good luck and keep us posted.

That will most likely be the case. I'm very glad we are going with a lawyer; I really need to learn more about the law.. She and her husband have been apart for four years. They got divorced right after she had my son. He has her first three and the little girl she had with another guy has been adopted by someone else. It's been pretty messy but I will be honest I feel good about this and I will keep you updated. I'm truly nervous though that I'm going to get a call saying he's been taken. That is why I felt I should go with a lawyer to help with the CPS.

Another question that came to mind when I talked to the lawyer. He said that it will be a little bit of a different case due to Cps. Will Cps need to investigate me and my household? Even if I live in a different state though am having to do this case in the Texas jurisdiction?

This will depend on the TX court. Before awarding you custody, they may require that CPS do a home workup.