Legal Question in Family Law in Texas

I would recommend that you retain a qualified family law attorney or custody lawyer soon, in order to defend against your daughter's mother's actions, and before this escalates.

As I only have the email above that you wrote and know nothing of the entire case, and i also have no evidence that there was a prior custody order entered, Hypothetically, as her biological mother, she has the right to petition the court to see her daughter and to have legal rights assigned to her, if she qualifies and is a fit parent, even if she has been absent for a long period of time.

She will have a right to explain to the court why she was absent and to show the court that she has rehabilitated and that having your daughter see her again, would be in the best interest of your daughter.

That does not mean that the court won't listen to you, or to your daughter's desires and enter an order that is in the best interest of your daughter denying her request, but if she files, you will have to defend her actions.

But, work will need to be done by your attorney to show the court what she has done in the past, what is going on now, and for instance, show the court that she did not pay any support or contact her, etc. and I don't know what that work will entail as i know nothing about your case

- AND if there was a previous custody order entered and she had custody rights, and you are not allowing her to see the child, even if she does not want to go, you could be held in contempt, even if she has been gone awhile and has not paid child support, unless she is an unfit parent and you can explain why.

Also, be careful, as neither you nor her mother can involve your daughter in this process or in negative discussions regarding these issues, or the court can chastise the person doing so and enter sanctions against the person doing so; and a person can also be sanctioned by the court, in some cases, if you refuse to let a parent see a child, at a minimum through supervised visitation.

You need legal counsel, unless, again, you can prove that the other parent is unfit, etc....

Goldstein & Scopellite, PC has qualified family law lawyers and child custody attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

You might consider mediation. It is usually faster and cheaper than litigation.

Good luck!