Legal Question in Family Law in Texas

Re: How can we get our little girl back?

Your mother-in-law does not have legal custody of your child. Custody transfers are only legal and enforceable when approved by Court order. Either you or your husband has complete legal authority to go to Texas and bring your child to Kentucky. You should take the child's birth certificate with you, and the local Texas law enforcement officials (police or sheriff) will gladly assist you.

I understand that you do not want to "go to war" with your husband's parents. But they have declared war upon you and your child.

You are advised to discuss this with your unit's JAG office. A JAG lawyer might be able to write a stern letter to your in-laws for you.

Good luck.

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Re: How can we get our little girl back?

This creates a few complicating issues and I hope a Texas lawyer also ways in. In Kentucky, there is some favorable case law that may be of assistance in Kentucky but there is also a de facto custodian law here that could result in the grandparents having equal footing as you in the eyes of the law. In other words, they could end up with an equal right to custody. However, it would give you an advantage to be in court where you live rather than in Kentucky. The most logical place of jurisdiction for this matter is Texas where the child resides, but if the law is less favorable there, some other strategies might be employed to try an get jurisdiction established in Kentucky.

Bottom line: 1) the longer you wait to address custody through the courts, the stronger their argument to be de facto custodians, 2) you need to see which state's laws favor your situation the most, 3) you can proceed in this without a lawyer - you could also give yourself an appendectomy. I would advise neither. You should have some legal resources available to you there on base.

Re: How can we get our little girl back?

As a Texas lawyer, am weighing in. Mr. McAdam and Mr. Napier are correct, and you need to go get your child, and get law enforcement assistance if necessary. You are stationed in Kentucky, and would prefer to have court jurisdiction in a place more convenient for you.

Get legal advice, as this could end up being a race to the courthouse, and residence of the child may have attached in Texas, and if Grandma petitions the court first, in a Texas court, then this a war that may have to be fought here. Although grandparents have limited rights, the fact that you voluntarily left her with them for over a year, gives them standing to petition the court.