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AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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I live in Texas, and my daughter lives in New York. She ...

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I live in Texas, and my daughter lives in New York. She wants me to keep her 13 yr old daughter here. Would we have to go to court about this, and if so in which state?
Submitted: 8 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 8 years ago.


Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

So long as your daughter is not violating any court order to the contrary (ie. visitation to non-custodial dad, or custody already in dad) and/or so long as there is not a father of the child that enjoys visitation or custody without Court Order, who would immediately file a motion to get the child back to NY, there is no reason I can see why your daughter can not have her child go to spend some time with the grandparent. I do recommend that she provide you with the right, in writing, to make basic emergency medical decisions for the child, as mom won't be there to do so. Also, when you seek to put the child in school in TX, the school may require documentation from mom regarding the childs residency in TX in order that the child can go to school there.

Enjoy your granddaughter!

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Stephanie Joy

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear.

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