Legal Question in Family Law in Texas

Raising 3 Year Old Grandson

We have raised our 3 yr.old Grandson since 6 mo.old. His mother has had an on going drug problem and 2 children since he was born & 2 before(5 total). My Son(not married) got custody when she went to jail for 15 mo. Dirty drug test. She got out and took him to court but we intervened and got joint custody with residing rights and she got gradual visitation. She chose to pay $25.00 a week support and furnish health ins. She pd.$250.00 then stopped. Visited him at our house until she could take him overnight. Each visit got worse with him crying and clinging to us, not wanting to go with her. She had a 2 lb.baby and we didn't hear from her for 4 mo.She called and said she was resuming her visits and would pick him up that weekend. She didn't show. Haven't heard from her for over 6 mo. We were told she was back in jail for 18 mo. We need to control this situation, for my Grandson's welfare, stability and security. We're being told it's hard to take a parents rights away but SHE isn't and hasn't been one. Custody court was in Tx. both times before. Should we file in Ark. where we reside? We've been out a lot of expense (court, attorney,home study exp, work loss etc. because of her just wanting to show us she has control. Help


Asked on 2/13/05, 2:36 am

1 Answer from Attorneys
Eric Beal Law Offices of Eric Beal

Re: Raising 3 Year Old Grandson

If you are saying that there has already been a case dealing with this child in a Texas court, you will probably have to file in that court.

You may be able to have the case transferred after that, but because of the concept of Continuing Jurisdiction, you will probably have to file initially in Texas.

Read more
Answered on 2/13/05, 10:36 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas