Legal Question in Family Law in Texas

My son's live in girlfriend had preemie twins last year and she had brain cancer and was in the hospital when the babies were released, they went home on oxygen and feeding tubes so they let her mom take them home because she was too ill to take care of them and was in and out of hospitals and my son was taking care of her. She passed away so my son left his job and home and went to stay with her mom and the babies until they were stronger. He has been there several months and they live 4 hours away. He is ready to bring the babies home but she doesn't seem to want that, what should he do. He is the legal father of the babies. Should he try and talk to her or bring the babies back here and then talk to her so if she fights him we can go to court in our city and not hers?


Asked on 6/10/16, 11:08 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You say that your son is the "legal father" of the babies. I assume that this means that there is a Court order that says that he is the father.

If that is the case, then he should do two things:

1. Politely call Grandmaw and tell her that he will be at her house on Saturday at 2:00 pm to pick up his children.

2. If Grandmaw refuses, or if she gives him any trouble at all, he should file an application for a writ of habeas corpus. He'll need a lawyer for this.

Read more
Answered on 7/06/16, 2:53 pm


Related Questions & Answers

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