Legal Question in Family Law in Texas
Grandparents fighting for custody of inmates child
divorced female, was in process of moving to another state, grandparents tried to kidnap child and police had child returned, now the mother is in jail on check charges and gave written permission for a non relative to care for the child. Grandparents have filed for custody.Can they do this ? What are your suggestions ? The person caring for the child has not been served any papers, however the mother in jail has. suggestions ?
1 Answer from Attorneys
Re: Grandparents fighting for custody of inmates child
Obviously, mom needs a lawyer. Mom also needs to file a response to the papers that were served on her. She needs the hearing continued until she is out of jail.
Most divorce decrees provide that the children cannot be removed from the jurisdiction of the court or contiguous county, without permission of the court or the other parent. Her trying to leave the state could be a problem. Her incarceration is also a problem. If she is secreting/hiding the children, the court will want a legitimate explanation.
If she cannot hire a lawyer, she should contact North Texas Legal Services to see if she qualifies.
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