Legal Question in Family Law in Texas

Hello, I am 5 months pregnant and my mother s threatening to take my unborn child from me if I stay with my husband, who is the babys father, because she feels he is a deadbeat, although he is working, just because he is having car trouble, what can I legally do to make sure she does not take my son by lying to the courts, as she did with me, by having my stepfather adopt me by sending the adoption paperwork to the wrong address on purpose?


Asked on 2/16/14, 5:19 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

If you are married and have not filed for divorce, it is very difficult for a grandparent to sue you.

Based on her threat, you need to look around NOW for an experienced family law attorney that is familiar with the judges in your county.

If you and your husband ever file for divorce or CPS gets involved, then she can become a third party to the lawsuit. Therefore, if you don't want to let her in...avoid doing anything (like hitting the child or doing drugs) that would let her call CPS and don't divorce your husband.

I hope this information is helpful.

You cannot prevent her from calling CPS. It is anonymous and even if the allegations are totally false, you cannot sue her for "punishing" you for not following her advice.

By the way, you will be drug tested at the hospital when you give birth. If you test positive for alcohol or any illegal drug, CPS MUST be contacted and you will not be able to leave the hospital with the baby - CPS will take immediate custody of the baby. So don't drink or do drugs while pregnant.

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Answered on 2/17/14, 9:16 pm


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