Legal Question in Family Law in Texas

Father took child regular visit then file for full custody
My friend is helping raise her grandson because her daughter is on drugs. Dad pays child support and get his regular visits but also drinks pretty heavy and travels quite a bit. On his last visit he did not bring her grandson back and has filed for full custody because his mother is a drug addict but it is the grandmother that has been raising him for the past 31/2 years the child is now 7. He is in private school,tutoring is picks up from either the grandmother or the greatgrandmother. What is the right of the grandparent if any. He is saying that there now will be supervise visit and has put a retraining order on the mother. I still think the best interest of the child is this grandmother. please advise

Asked on 7/30/05, 3:07 pm

Fran Brochstein Attorney & Mediator

0 users found helpful

0 attorneys agreed

Re: Father took child regular visit then file for full custody

Any person that has a child for over 6 months has "standing" to file a lawsuit.

Grandma could have filed for custody a long time ago.

Since child has lived with Grandma for the past 6 months, she has a chance of getting the kid back.

Only Mom must be served by Dad.

Grandma need to figure out where he has filed his lawsuit and get busy -- NOW!

Grandma needs to intervene in the pending lawsuit.

The burden is on grandma to prove that both parents are unfit. It is a very difficult burden to overcome.

I recommend hiring an attorney with a lot of experience with family law. You need someone with experience.

Good luck!

Answered on 7/31/05, 6:19 pm

Keywords

Match Any Match All

Country

State

Area of Law