Legal Question in Family Law in Texas
I have a 5 year old daughter, and an ex boyfriend who is not her father has been taking care of her for the past 5 years. I got a to rocky place in life no job no stable home and couldnt provide for my daughter. My daughter went to go and live with my ex-boyfriends mother (who my daughter calls grandma) for about 5-6 months. She provided everything for her, paid day care fees, bought her school clothes and stuff and took care of her. It was a very clear agreement that i would be getting my daughter back when i was ready and when i wanted to, and now that i asked for my daughter back she is trying to take me to court and sue me for the money she paid on day care fees and the clothes and food etc that she purchased, and also to file a judgement on me. She didnt say what kind of judgement she just said she is going to file one. Since she has no legal rights to the child and she isnt her actual family member ya know, can she do that or is she just trying to scare me into something??
2 Answers from Attorneys
If she provided necessaries for the child, she can sue you for the dollar value thereof (food, clothing, etc.). She does not have the right to retain possession of the child; you can get your daughter back NOW by filing an application for a writ of habeas corpus.
Don't let this woman bluff you. She's a bully. If she threatens to sue you, tell her to go right ahead.
Not only can "grandma" sue you for the costs she spent to provide care for your child, but she can also sue you for custody (legal rights). You see, under Texas Family Code Sections 102.003 and 102.004, a suit may be filed at any time by any person (related or unrelated) who has had actual care, control and possession of the child for at least six months. In that instance, grandma will argue that you have "voluntarily relinquished your care and control of your child to her" and that it would be in the best interests of the child to continue to remain in her custody. If you intend to get your child back, you need to begin legal proceedings immediately.
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