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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 11983
Experience:  Experienced in multiple areas of the law.
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22 y/o granddaughter wanting divorce. Spouse told her she

Customer Question

22 y/o granddaughter wanting divorce. Spouse told her she has to leave apartment by Saturday. Threatening to not aloo her to take 1 yr old dor. His mom will move in and care for child. Granddaughter has no job, no car. Family working on car and apartment for her. Can they refuse to allow her to take child
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Sorry, Texas
JA: Have you consulted a lawyer yet?
Customer: No she has no money
JA: Is there anything else the Lawyer should be aware of?
Customer: He is not the instigator of keeping the baby it is his mom. She keeps the baby on weekends and does not wish to give her up. They are trying to convince my granddaughter that this is what's best. Right now they may be correct but I do not want her to give up any of her rights or look bad to the court when it comes up
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  RobertJDFL replied 4 months ago.

Thank you for using Just Answer. I am a licensed attorney and happy to assist you today.

I am working on your answer now -- please give me a few minutes to type it up. Thank you for your patience.

Expert:  RobertJDFL replied 4 months ago.

Thank you for your patience. I had to step away for a call just as I started typing.

He cannot tell he that she cannot take the child with her, no. As a legally married couple with a child born to them, both spouses actually have legal right to the child. So she could take her daughter with her. In fact, I would agree it is better for her to do so, so long as she will have a place to go with the child (even if it means living with family and friends temporarily until she is set up on her own) because if she leaves the home and child behind, in a divorce matter when it comes to custody, it could appear that she left the child willingly and that could be a factor the court uses in deciding who should be the primary parent.

That said, I cannot guarantee that he will not file for divorce, and then once he does so, file a motion to decide temporary custody of the child pending the final divorce decree. In that case, there would have to be a hearing though before the court would decide where the child should live, based on what the court feels would be in the best interest of the child.

One final thought - is your daughter on the lease agreement? If so, he cannot make her leave the house if she does not want to absent a court order. Only a landlord can do that -and even then, that also requires a court ordered eviction.

Please let me know if you need clarification or additional information - happy to assist further as I can!

Expert:  RobertJDFL replied 4 months ago.

Just following up with you.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.