Is this true in every state?

[krazie_pando]

What is the name of your state? Texas

"I received a call from the child support worker just now. She said since a custody order had never been established that neither of us had legal custody." by aculbert ( as copied from her post after 10 years....)


I am inquiring becase it may be relevent to my husband's case. He's been paying childsupport for 6 years for his son (CS was filed for when he and the mother broke up in 99). There was suppose to be a vistitaion hearing at a later date but at that time my husband was in jail for a DWI. This entire time (6 years)he hasn't had visitation with his son ( I mean court ordered.) Over these years he has been able to visit his son on the terms of his son's mother.

For one: until a month or so ago she never told her son my husband was his father. The child thought his step-father was his dad. I'm not sure who the child thought my husband was but he always called my husband by his first name. For two she never allows overnight stays and only allows vistitaion under her supervison, basically my husband can see his son if he goes where she is and can't be alone with him. (My husband is not abusive, and never was to her while they were dating. My husabnd would never harm his son.)

Also she has had 3 other children with her husband and the one time we were allowed to take him alone we had to take his other sibings ( we went to MY father's birthday party.) She takes the child and all his siblings to my husband's mother house x-mas night for 2 hours every year and if you dont buy gifts for all of her children she gets mad. My husband's son and his siblings all call my mother-in-law grandma. Needless to say its a confusing situation for all the kids. ( I love my step-son and because of that I and my husband stay out of the all the he- said she-said crap my husband's Ex likes to throw around.) I understand most of this means nothing. Just trying to give the whole picture.

We've moved 300 miles away from his son, due his job and my college and he wants visitation but not by her standards. So if neither one has gone to curt he has equal custoday right? in texas?

(only refered to my step-son as the child because I was trying not to say his name.)

 

[aculbert]

"If both partners are legal parents of the child -- either because they are biological parents, because they have jointly adopted a child or because a non-biological parent has obtained a legally valid second-parent adoption -- both parents usually have an equal right to custody of the child. This means that neither parent has the right to deprive the other of physical custody or visitation unless, or until, a judge makes such an order. If a court does grant one parent physical custody, the other parent is usually entitled to visitation and is next in line to exercise physical custody rights if the custodial parent becomes unable to care for the child.

Of course, the right to be considered a full legal parent of a child can be lost if a parent fails to exercise his or her parental responsibilities. For example, all legal parents have a duty to support their children, whether or not they have physical custody of them. The key is that if you are not the parent with custody, you must stay involved with your child -- visiting and providing support -- to the best of your ability."


I copied this from findlaw.com.
Although, she does have physical custody. He could NOT go and take the child.