Legal Question in Family Law in Texas
My daughters' boyfriend and father of her 11 month old is out on bond for Injury to child. The child was hit in the course of him attacking my daughter during a "blackout." The EPO expired last week and his Pre-Trial is 5/26.
My question is, if she has forgiven him and takes him back, is she breaking any laws by allowing him to be in the same house as the child?
1 Answer from Attorneys
If there are no orders in place, she may not be breaking a law per se. But she is probably doing something monumentally stupid.
More importantly, Texas Family Code Section 102.004 would give you, as a grandparent, the right to file suit asking for custody of the child if you can convince the court that the child's present circumstances present an immediate risk of harm to the child. It's a way for family members to take custody of children in harm's way without having to call CPS.
You would file suit, ask the court for temporary orders, and at the TO hearing, ask to be the temporary managing conservator of the child and that the court order a social study into the circumstances of the child's home.
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