Legal Question in Family Law in Texas
My girlfriend and I have been together for a year and a few months. I can honestly say we are great! She has a 4 year old daughter whom lives with her and my girlfriend's family. Her daughter's biological father was convicted in San Jose, Ca. and has been in prison since Leah(the daughter) was 1 month old. He is in for carjacking a man with a friend when he was drunk/high and crashing it while the police chased them. My concern for my girlfriend is having full custody. She is such a hard worker and amazing mother. SHE IS THE ONE that has been there from the get-go. We want to take a trip to Mexico with the whole family but we came across some information that the father needs to sign a document allowing her to leave with Leah. That is so wrong in many ways. Is this true? I just want her to have full custody with no disputes in the future and no problems arising for her.
1 Answer from Attorneys
The first issue you raise is that the child and her mother are in Texas, the father of the child is in California. Are there any court orders regarding Leah? If so, those orders control travel. If not, bluntly, she needs to get a court order regarding the parent-child relationship. In a nutshell, a child will not be able to travel internationally, without the permission of both parents, or a certified copy of a court-order allowing it. If she wants to get this issue addressed, as well as multiple other issues to protect her child, she needs to retain an attorney in order to solve the problem through the courts. Good luck.