QUESTION

Can I get my ex for childsupport if he is keeping my son from me and my daughter runs by my ex last name also?

Asked on May 22nd, 2012 on Family Law - Texas
More details to this question:
My ex has my son and wont give him back we have no legal papers that state we have joint coustody. But, now my ex wont allow my son to come back with me or to have any contact with me. Can still get him for child support will that allow him to give him back to me since im the one thats gonna file to get things legalized on haveing joint coustody over our son? My daughter runs by my ex last name. my ex knew it was a 50/50 chance she might not be his but he went ahead and sign her birth certificate anyways. Now that shes older and hes never helped out can i get him for child support still? I''m new to all this so i dont know when or how to even begain with all of this.
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1 ANSWER

Collaborative Family Law Attorney serving Dallas, TX at Quaid Farish, LLC
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You need to obtain advice from a family lawyer in your jurisdiction to get paternity established immediately for both kids as well as conservatorship, possession, rights and duties and child support.  Without court orders, you both have equal rights to possession of the children so your ex does not have to return your son.  It is possible in a paternity action to obtain back child support for your daughter. If your son is not in your possession, you need to ask for orders to adjudicate his parentage and obtain physical possession of him (through a court order).  Child support follows the possession. How long has he been with your ex? You need to file an action before you lose jurisdiction in your county to the county your ex resides in with your son as it will be more difficult and more expensive to file an action in a county where you have to travel a distance to the court. There are numerous issues with your case that need to be addressed as quickly as possible so please do not delay in seeking legal representation.      
Answered on May 23rd, 2012 at 12:33 PM

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