I leave my 4 year old with my parents on days I work and nights I go to college. Can they stop her Dad from taking her when I don''t want him to. We are seperate because of physical and mental abuse, He is going to jail on abuse charges, discharge of fireare,and Child Endangerment resisting arrest
Optional Information: La Marque, TexasAlready Tried: Reasoning and just started not answering phone, but then he just shows up. Last night my Dad had to ask him to leave because of how he was acting. He shows up and stays until 2 or 3 in morning and won't leave
If you could answer some questions that would be helpful.
Were you and the father married?
If so has any custody or visitation been set up as of yet?
If not married does he have a court order for visitation?
Married for 5 year. No visitation has been set up because I don't have the money for a lawyer. His Dad is a lawyer and says he can get her. He does not even have a job, and did not work most of time when we were married. He would get to drinking and go in her room and screams and cuss her. Most of the time when he comes here to visit she is out side or in the house with my parents and he just wants to talk to me. Is using her to get to me. Takes her says somethings come up and hes got soething to do and I have to come and get her. When I get there he keeps me from leaving when I want.
I am sorry, I do not have good news. Since you are married and there is no order for custody in place he has the right to take the child anytime the child is not in your care. If your parents refuse to turn the child over he can call the police and request assistance in taking the child.
I would strongly advise you to begin the process of separation and custody for your child. As it stands right now he can by law take the child and refuse to return her. You can not take the child from him unless he leaves the child with someone. When no custody is in place who ever physically has the child.....in their arms, holding the hand etc may keep the child until they release the child or the courts make a ruling.
You will want to petition the courts for custody based on the Best Interest of the Child. I would advise you to hire a lawyer as they can get a emergency hearing in quickly and see if the judge will grant you custody based on the living arrangements of the child.
If this is not a possibility to hire a lawyer you will need to take a trip to your local law library and pick up custody forms. Fill them out completely and submit them to your local clerk of courts office with the filing fee's. The clerk will help you get the paperwork needed to serve the father and will set up a hearing for a Temporary Custody order. Once that is granted the courts will set up a home study and if you are approved it will go back to court for a final order.
You can also purchase and download the forms, and instructions for filing here:
State Specific Software for Establishing Temporary Custody, Visitation and Child Support
I wish you the best,
Family Law Consultant Specializing In Interpretation Of Family and General Law.
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