Legal Question in Family Law in Texas
joint custody
My niece who was born deaf met a man online who was also deaf and moved from Illinois to Texas to be with him. They never married, but she became pregnant and they had a boy who is now four year old. She moved out of his home a couple of years ago because of his drinking, suspected child sex abuse and hitting her.
My niece also has a learning disability which makes it hard to control and raise her son. The father is not able to raise the child alone. The son is fine and can hear and is beginning to say words that are not good and of course neither parent is aware. As family, we are concerned if she continues to care for the child alone, miles away, the parents of the boys father may attempt to take away the child.
She would like to move back to IL from Texas and don't know what needs to be done, what lawyer to contact, one in Il or Tx. Can you assist?
1 Answer from Attorneys
Re: joint custody
I don't know IL law.
If she leaves Texas with the boy, the dad has 6 months to file in Texas to ask her to move back.
If she "disappears" with the boy, then the court will do a publication lawsuit and he will automatically be granted custody.
Anyone that wants custody of the boy, would need (in Texas) to prove his parents unfit. Being deaf is not grounds to lose custody. However, if the parents cannot control a 4 yr. old child, the court could remove the child.
You need to consult with an attorney (not via a free email site) for more details.
If she lives in Harris County, you can call me or look for an attorney that handles a lot of deaf issue related cases.
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