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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My granddaughter's mother has primary custody and her dad has

Customer Question

My granddaughter's mother has primary custody and her dad has visitation. The mom is incarnated for theft and drugs. My granddaughter physical lives with maternal grandparents. She is 12 years old and is not attending school. Grandma claims her daughter signed a paper at school giving her the legal right to make educational decisions for child. Administrator says they have nothing on file. Question is: does the father have the legal right to go get daughter and force her to live with him until mother is released? We are from Texas.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'll be glad to assist. Unless the child is being homeschooled, then the child must be enrolled and attending school....and if that's not happened, the guardian or person in custody of the child could be charged with truancy. As for the father's rights.......the court order stands as the authority over custody and visitation....even if the mother is incarcerated. BUT, the fact that the mother has been incarcerated would give the father standing to file a petition in the family law court to have the judge change custody from the mom to him -- at least until the mother gets out of jail.
Expert:  Roger replied 1 year ago.
The grandmother's rights are not above those belonging to the father, and if the mother is incapable of maintaining custody because of her incarceration, then the father should have the ability to successfully seek a modification.
Expert:  Roger replied 1 year ago.
But, in order to obtain a legal right to take custody, your son would have to file a petition with the court and get an order.
Expert:  Roger replied 1 year ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
Expert:  Roger replied 1 year ago.
Thanks again for your question and please remember to positively rate our conversation so I may receive credit for responding to your question.

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