Legal Question in Family Law in Texas

Grandparents rights-Emergency Help!!

My 23yr old daugh has my 18 mth old grnddtr & lives in Calif.My daugh & baby's father are both severe drug users,meth,pot...&phys violent to each other for past 2yrs.I don't think ever to baby,but baby's been in crossfire 2 times I know of when daugh was holding/sleeping w/baby.He was hitting daugh & hit baby's head,''but not hard''.He's been arrested many times incl beating her into early labor.Last time for domest viol.& endang.child.The ADA said he'd do no less than 1yr in jail.He's been in jail 1 mth & being released today.Daugh said many times in past2yrs''NO MORE CHANCES''.She's blind & STUPID about this boy and vice versa.They're addicted to each other.She'll be there when he's released.His family's all drug dealers &/or users,but all of us agree baby must be out of harms way & out of Calif.Everyone is scared for baby.CPS has been involved a few times so daugh stays w/someone CPS approves of in another county,family or not,til case closed & she goes back to him.I got a ticket for her to bring baby for a visit next week.When she gets here,how can I keep her from taking baby back to Calif while I file for custody/guardianship in Texas?Have her drug searched here at airport(I'll hold baby)?Restraining order?PLEASE HELP ME!!!


Asked on 10/21/05, 1:56 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Grandparents rights-Emergency Help!!

You have raised some complicated issues. At the core, is not necessarily grandparents rights (of which there are few in Texas) but protection of the welfare of the child. Again, it is impossible to cover all the issues, and regardless, you will need an attorney to properly prepare and file a SAPCR together with injunctions and protective orders, and have it ready for service upon her arrival, in the event she will not be cooperative. The interstate issue is also a complex issue. ESPECIALLY if there are already orders in place in California. Often attorneys, including me, are will work payment arrangements on such cases, however, be aware that it is an expensive proceeding. In any event, once she arrives, be prepared to call 911 or notify your physician or CPS if you find evidence of abuse of the child. TCL

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Answered on 10/21/05, 2:07 pm


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