Legal Question in Family Law in Texas
Custody of grandaughter w/ name change, parents both out of state.
I want to file for legal custody of my 9 yr. old g-daughter. Both parents live in other state & were never married. G-daughter has lived w/ me for nearly 5 yrs now. We live in TX. Mother was just ordered to pay child support & health ins beginning 2/1/08. The case was brought by TX & the other state as I have been receiving a small amount of TANF & Medicaid for my g-daughter. My daughter was hoping to file for sole custody, but allow my g-daughter to remain with me. She was told that she can't file in other state as child does not reside in that state. We do not want father to have any custody whatsoever. Joint custody (my daughter & I) or sole custody (me) is fine. Sole custody may be better in that the father may be less likely to fight it. Would sole custody stop the court ordered child support?? How/where do I file? I can't afford an attorney & don't qualify for legal aid. My g-daughter wants her last name changed as well. We'd really like to have a restraining order as well as the father is pretty unstable and my g-daughter doesn't really care to see him. He hasn't seen her in all the time she's been with me & has not ever kept regular contact - nor has he ever sent any money to contribute to her care/support.
1 Answer from Attorneys
Re: Custody of grandaughter w/ name change, parents both out of state.
You certainly want a lot of work done and can't afford an attorney. You might check with the local county bar association. Sometimes they have programs for people who do not qualify for legal aid. You don't live to far from Baylor Law School. They might have a student clinic that could help you. Otherwise, like a lot of other things, you'll have to spend a lot of time studying how to do it yourself. Good Luck.
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