Legal Question in Family Law in Texas

my daughetr and husband lived in arkansas. she was 7 months pregnant, he cheated she left him and moved to texas with me. she has had complete physical custody of the now 2 year old child with little to no support or visitation by the biological father(her husband) and they are still married. My daughter is now seeking drug rehab and wants to give me guardianship. what do i need to do? Does the father have custody automatically since they are still married even if the child has never lived with him? can I keep the father from getting the child with a notorized signed and dated letter from the mother? Please help! This man is unfit to raise this child and has shown little to no interest in doing so untill now that he finds out that my daughter is seeking help and wanting to give the child to me untill she can get straightened out. I dont have the time or proof to prove him unfit. This needs to be done in the next few days, my daughter is to go into rehab tomorrow in arkansas


Asked on 8/22/12, 10:22 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Unfortunately, this reallly should have been addressed earlier. As it stands, she needs to file for divorce, and you need to intervene in the lawsuit. Depending on what your ultimate goals are, a conflict may exist, and you may need two separate lawyers. Initially, discuss your goals and your daughter's goals with one another. Since she is now in rehab, you should retain a family lawyer and discuss the situation as well as your daughter's position on the issues. The lawyer can advise you if there is a conflict or not. You may want to act quickly, because when dad learns about rehab, he may decided to pick up his child, you would not be able to stop him, and it sounds as if he is a virtual stranger to the child.

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Answered on 8/23/12, 2:21 pm


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