Legal Question in Family Law in Texas

Out-of-state parent

My sixteen-year-old daughter is pregnant and due to give birth the end of September, early October. She resides in Texas and I reside in California. Her father has had custody since our divorce in 1992. My daughter feels, and I agree, that her current living arrangements are not fit for her baby or herself (The house is unclean and both her father and stepmother are heavy smokers) Therefore she wants to come and live with me and my husband. The problem is that her father will not allow her to do so. He threatens to take away the baby, which frightens my daughter and causes a stressful situation for her. She would like me to file for custody right away, so that she can have her baby in California, but is afraid to be in the house when he finds out. Would her flying out to CA with intent to remain here create a problem? What would be my best approach? Would it be easier to wait until the baby is born, have her fly out here and then file? Could either situation create a legal problem for me as her mother? Is my daughter able to decide for herself and her baby whom she wishes to live with, her father or mother? Also, does my daughter make all decisions regarding her baby or could my ex-husband interfere somehow?


Asked on 7/27/02, 10:22 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Out-of-state parent

You question pertains to Texas law. However, in California, and apparently other states, the grandfather could take the child only if the mother does not properly care for the child. Your daughter should contact an attorney or legal aid for help in this matter.

You said nothing about the child's father. If he wishes to be involved in the child's life, she will have to determine what she has to do in regard to notice if she moves.

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Answered on 8/02/02, 9:02 pm


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