Legal Question in Family Law in Texas

Grandparents Rights

My son and his exgirlfriend have a child together (she is 14 months) my son is currently in jail for probation violation.His exgirlfriend are both on probation at the time.My sons exgirlfriend is probably going to be going to jail in December for not completing her community service.My son however will be released from jail in January. The baby has always lived with the exgirlfriend at her parents home.My question is when mom is sent to jail can my son take custody of the baby? The birth certificate has my sons name on it and the baby has his last name.My husband and I would like to take care of the baby ourself as we have supplied all of her needs since she was born.( Our son lives with us)Please respond and let us know what we can do.


Asked on 11/15/05, 11:15 am

2 Answers from Attorneys

Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Grandparents Rights

Your son needs to be legally determined to be the child's father. This can be complicated. The Maternal Grandparents also have standing to bring a suit for custody. Contact our office as soon as possible to begin the legal process. The first interview is free. You can e-mail me if you have more questions at [email protected] or check out our web page at www.ThePracticeOnline.com

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Answered on 11/22/05, 11:55 am
Fran Brochstein Attorney & Mediator

Re: Grandparents Rights

My answer is probably.

It's nice that his name is on the birth certificate but he needs to legally establish paternity. From your email I don't know if he's done everything he needs to do.

Please visit my website for my phone number.

www.familylaw4u.com

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Answered on 11/15/05, 3:40 pm


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