Legal Question in Family Law in Texas
Unfortunately, we didn't get answer to our question before my daughter allowed her 1 month old to go with his other grandparents today! They did return him at agreed upon time. She doesn't have a court ordered custody and visitation. Well, she received a text from the father that said "He was taken and brought back on the time agreed on. That's how it will be from here on out! I will be by thur to get him if there is a time that would work to sit down and come to an agreement in principle on visitation etc...." We talked about her seeing if he would go to mediation. She is scared to death he won't return the baby since there is no court orders. His parents are very wealthy and we are teachers in small school districts. We can't afford a lawyer. If they sit and talk in principle it won't be legally binding will it? What does she need to
do? She is exhausted physically and emotionally.....he has threatened to come and get the
baby with a police escort! He has been told he can come and visit any time he would like.
Does he get to boss her around?
1 Answer from Attorneys
Your daughter (not you) needs to visit with a family lawyer. There are a lot of questions that need to be answered before anyone can advise you. Is your daughter married to the father? If not, is there a pending court case? What are ALL of the circumstances of both parents and both homes?
Generally, he cannot "boss her around" but he does have as much right to the child as she does if there are no current court orders. If either parent withholds the child from the other parent, then the other parent should file to get a court order immediately. Also, the court will want to know if both parents are supporting the child.
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