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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience:  JD, 17 years legal experience including family law
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My daughter moved back home when her daughter was 10 months

Customer Question

My daughter moved back home when her daughter was 10 months old. Her father did not see her again until she was 8 years old at her mothers funeral. After that he did not see her again until she was 15. She is almost 17 now. I don't have custody of my granddaughter and now he is wanted to take her. Can he do that at 17 years of age? Do she have any say in this matter?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Is the father listed on your granddaughter's birth certificate? Has he ever established parental rights by court order?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

He is listed on the certificate. I don't know.

Expert:  Tina replied 1 year ago.
Hello again, Joyce.

Unless the father signed an acknowledgment of paternity or obtained a court order establishing his parental rights, he would typically have no right to the child under state law.

Here is a link which summarizes the law on this issue:

http://www.lanwt.org/txaccess/PATERNITY.asp

If an acknowledgment of paternity was signed by the father, it would normally be on file with the state Vital Statistics Unit (VSU), 1100 W. 49th Street, Austin, TX,NNN-NN-NNNN You can obtain more information at their website which is:

http://www.dshs.state.tx.us/vs/

You may wish to retain a local family law attorney to search court records to determine whether paternity was established by court order as an alternative to signing the acknowledgement.

If there is not court order and nothing filed with the state, then the father would not have a basis for determining where the child will live.

If he has established parental rights, then you would normally need to petition the local court for guardianship to prevent him from taking your granddaughter. The petition is likely to be granted under the circumstances you have described.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience: JD, 17 years legal experience including family law
Tina and 9 other Family Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again.

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Tina
Tina
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JD, 17 years legal experience including family law