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Establishing custody of an unborn child Texas

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  • Establishing custody of an unborn child Texas

    Ok this one is complicated so let me explain the situation.

    My ex-girlfriend, is 3 months pregnant, she is a diagnosed manic depressive, who hasn't been taking her medicine, and is on Social Security Disablity and SSI for that and for a low IQ that places her in the moderatel mental retardation category of the Social Security scale on IQ classification. She has exhibited in the past, not just with me but with her family in the past as well, a lack of basic daily survival skills such as being able to cook and clean for herself, bathe and change and wash her clothes regularly, manage her own money responsibly and get her bills paid as well as provide food for herself. I spoke with a lawyer who tells me that theres nothing I can do until the child is 6 months old, he claims to be a specialist in family law, and custody cases. I simply cannot believe that this is true, in 6 months she could seriously harm or even kill the child, she has proven unable to care for herself let alone a child that would require constant attention and care.

    So I feel like my childs life is in danger and it hasn't even drawn it's first breath yet, and to complicate matters more, we lived in Texas, I still live in Texas, she has run off to Virginia to stay with some people she met on the internet, and may be moving to either New Jersey, or Indiana before the child is born. I don't know what to do here, I know nothing about the law, but I know I am worried about my child, and all the things I claim here about my ex I can prove, isn't there some way to protect the child from her or establish or gain custody of the child at or before the time of it's birth?

    I know I probably won't get the answers I am wanting or looking for but I feel so helpless right now, its driving me mad, I just know there has to be something that can be done about this.

  • #2
    One, you cannot get custody of a child not yet born.

    Two, I have to ask, if everything you've said is true, why would you have had a relationship with someone in her position as being mentally ill along with being "moderately mentally retarded"? I just really cannot understand this.

    Understandably many mentally challenged persons have relationships with persons of normal mentation, but, usually it is the result of an accident or illness that would cause the decreased level of mental ability and it happens after the relationship becomes established.
    Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.


    • #3
      There's not really a way to go about this tactfully so I will not even attempt. Basically the manic depression I didn't know about until around the time we found out she was pregnant, the retardation i didn't know about, but suspected may be the case due to some odd behaviors, until recently also.

      Fact is I fell in love and none of these things mattered, when we were together I had no problem reminding her to do things she needed to do, simply because I loved and wanted to help her.


      • #4
        I don't know where he got the six month information, but that is not correct. Maybe what he meant was that it would take about 6 months until everything was settled or that you would have to wait 6 months to do anything (if she is 3 months pregnant, then she would give birth *assuming that everything goes alright* in 6 months)

        Anyway, as you have been correctly told, there is nothing you can do until the baby is born. The minute the baby is born, you need to legally establish paternity (either through signing an acknowledgement of paternity of DNA through the court). Once that is done, you can file for custody of the child.
        Last edited by mommyof4; 12-12-2006, 10:35 AM.
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)


        • #5
          In addition to the other excellant advice, IF she does do ANYTHING to neglect the baby (once born) you need to report it to CPS immediately. Establishing paternity and custody can take awhile, so the main thing will be to keep the baby safe even if it means the baby being in foster care until a court decides custody.