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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33095
Experience:  16 yrs. of experience including family law.
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My granddaughter lives with my daughters ex and s GF. My

Customer Question

My granddaughter lives with my daughters ex and his GF. My daughter also has a biological child with this man. The 4 YO does not want to live with them (the court awarded him custodial rights as I was in another state) Before that both the children lived with me for over 10 months. How do we go about getting the child back with me, the grandmother? The biological father lives in another state and he agrees that the child should be with me.
Submitted: 5 months ago.
Category: Family Law
Expert:  P. Simmons replied 5 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me

1. What state are you in (TX)?
2. What state is the child in?

Customer: replied 5 months ago.
Texas and she is also. The so called father in this situation has conservator rights?
Customer: replied 5 months ago.
Response?
Expert:  P. Simmons replied 5 months ago.

Sorry, we lost power. Just a few mins, I will type up an answer.

Expert:  P. Simmons replied 5 months ago.

Thank you for your patience

IF everyone (you/child/guardian) are in the same state? That makes it relatively easy...it gets complex when the child lives in a different state.

For your case, if the goal is to get custody and/or visitation of the child, you will need to hire a local attorney to file a "motion" on your behalf (a motion is a request to the court that is supported by the law) to the court requesting the court grant you visitation/custody.

The standard that the court will use is "what is best for the child"

If you can prove that it will be in the child's best interest to spend time with you, the court will grant the request.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.