Legal Question in Family Law in Texas

Courts Plus! Grandparents Need Help

We are Joint Managing Conservators with primary residency of our 4 yr.old Grandson,with his Mother.We have provided all Care,Assets,Security,and Love since about 6 Mo.old. His Mother was incarcerated May,2002,15.mo. for drugs. She had drug abuse classes before that. She has never furnished anything for him and kept all possessions (we supplied for him), after she went to jail,so her Mother would have them to take care of the baby she was going to have while in jail. She had 2 Sons before our Grandson. The oldest Son's Dad was killed, leaving her So.Sec., & his Grandparents has helped raise him. Her 2nd Son has lived with his Dad since a Baby. The Son Born in Jail has been taken care of by her Mother, & She had a Little Pre-mature 2 lb. Baby Girl before going back to jail Oct. 2004,for 18 mo.for Drugs, and we think her sister has taken care of her. We have taught our Grandson she is his mother. She scared him real bad on one of his visits and he cries and begs us not to make him go with her. (We Don't - The Law Does)Is there anything we can do to get her Parental Rights taken? Jan. 2004,She was to pay $25 per week support. She paid $225. We haven't heard from her since May 2004. Her best interest isn't for her Children. Thanks


Asked on 3/01/06, 2:32 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Courts Plus! Grandparents Need Help

Although this question is somewhat confusing, if I understand correctly, this mom has 5 children, and she is currently incarcerated for the second time. Moreover, she is not providing the care for any of her children. Additionally, you are named as a managing joint conservator in a court order. If that court order originates from your county, then you need to file a modification. If that court order is from another county, get an attorney to transfer it to your county, the county of the child's residence. I am not clear where the child's father is, but he will also have some right to input in this situation. A good attorney will file for a modification, and have a social study ordered. You should be able to establish that continuing contact with the mom at this time is harmful to the child. Good luck. TCL

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Answered on 3/01/06, 9:43 am


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