Legal Question in Family Law in Texas
Non-guardian claim child custody from abusive legal guardian
A couple adopted a baby from India a few years ago, with the Indian laws recognizing the husband as the guardian. A few years later, the couple separated, due to constant physical abuse from the husband against the lady. Now, the lady wants custody of the 5 year old child, considering that the couple are living separately, but are not divorced.
Does she have any case considering that she is not the guardian? However, she is devoted to the child and would like to claim custody.
1 Answer from Attorneys
Re: Non-guardian claim child custody from abusive legal guardian
The naming of the father as guardian under Indian law should be irrelevant. The couple's adoption of the child is governed by Texas law. As is the physical abuse by the husband. The wife needs an attorney to get a restraining order in place. There is an attorney on this board you can contact, as she is in your area, Fran Brochstein, and very experienced in these matters.
Let me know if you have any questions. TCL
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