Legal Question in Family Law in Texas
My 20 year old daughter, new grand-daughter and still to this day jobless, controlling and abusive boyfriend lived with me back in November of 2010. He left my house 2 weeks after the baby was born after I told my daughter she better do something before I did about how he was mistreating her and how he would yell at the baby when he couldn't control her crying and she confronted him and he left. A week later he convinced her to move in with his family; she lived with them a week when they got into an arguement and he almost killed her. She ran to a neighbor and call me to go get her and I called the police; she filed an Initial Report/Assault Family Violence/Stangulation. After that incident my daughter and grand-daughter lived with me for 8 months; in August 2011 he convinced her again to move back. It's been an abusive pattern and I'm concerned about my daughter & grand-daughter. What are my rights as a grandmother in keeping my grand-daughter safe from her parents unstable, unhealthy, and abusive relationship?
1 Answer from Attorneys
Based on your facts I think you can two one of two things:
1. If you believe there is a question of immediate danger to the baby, you must call CPS. You have no choice under Texas law. If CPS files a lawsuit, you can file an intervention seeking conservatorship.
2. After you call CPS, but before they file suit (if they ever do), you can file an original petition affecting the parent-child relationship. You have standing under Texas Family Code 102.003(a)(11) and 102.004(a).
In ORIGINAL actions, there is a strong presumption that parents should be named as conservators. With enough facts, you can overcome this.
You must hire a good family law attorney to be successful with this. Custody battles are very complicated and yours is especially so.
Good luck!!
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