Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I live in Texas and have a 17 1/2 year old daughter whom has

a 10 week old son...
I live in Texas and have a 17 1/2 year old daughter whom has a 10 week old son. The baby's father is 14 1/2 years old. For 10 weeks I (the grandmother of the baby) have been his primary care provider as my daughter lives at home and does not want to raise him. I have insisted that she wait 6 months before I would allow her to give me custody... I needed to make sure she would not later regret it. As of Monday she was still wanting me to draw up the papers. The father wants nothing to do with the child but is listed as father on birth certificate. 3 weeks ago my daughter meet a guy that I have refused to allow on my property and refuse to let my daughter take her son around. I have explain that it is bad parenting to drag that baby around every new boyfriend one finds. She introduced him as having extreme anger management issues and road rage amoung other issues. On Tuesday she decided against my pleading that she was going to let the new boyfriend babysit her son in the car for approx 6 hours while she was taking GED testing. He is the one that does nights and then drives a truck for a living. One last fact... at the moment their has been no one has legal custody of the infant.

What can I do to have this child returned home to where he belongs with the only care provider he has known? Had obtain custody?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 18 minutes by:
10/1/2011
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,987
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
At this point, you need to have her sign over custody to you, signing over custody to you does not mean you are adopting the child and if she later regrets it you can transfer custody back to her. You need to file her agreement to transfer custody over to you in the court, which would mean she would need to go to court if she wanted to try to get custody back and you did not agree.

If she is now refusing to give you custody you are not going to be able to do this yourself, you will need an attorney to go to court and pursue her as an unfit parent to get custody. If she is willing to give you custody then she can sign the petition for temporary custody or just not respond to the petition. Because the father is listed on the birth certificate he too will have to be served a copy of your custody petition. If you cannot afford an attorney, you need to go to legal aid to get this done. However in the meantime, you can get her to sign a Temporary Guardianship Agreement (you can modify this sample Temporary Guardianship Document as it is the same format for Texas) and then next week you need to get to an attorney to complete the process getting the court to grant you actual legal custody.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

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.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,987
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Thank you... your answer is more reassurring than the local lawyer whom told me I could do nothing outside of calling CPS... however I think at the end he realized his office just represented the baby's father in his own custody issues as his 80 grandparents raise him but got him taken away 2 weeks after his son was born... The father of child now want to contest if he is the father
These matters are always so difficult and there are several ways to attack them HOWEVER, any attorney telling you to get CPS involved without trying other means first has evidently never worked with CPS as they are the most abusive, incompetent and negligent agency you will ever encounter and they merely complicate things and should be a last recourse only.
Ask Your Own Family Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 120,987
120,987 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need to be at a guardianship hearing where my sister
I need to be at a guardianship hearing where my sister petition for guardianship of my father. He has been deemed incompetent but her lawyer says my father agreed to her being guardian. My father call… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
How do begin the course of action to obtain guardianship for
how do begin the course of action to obtain guardianship for developmentally challenged youth?… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,987 satisfied customers
I may nedd to request an emergency guardianship of my great
I may nedd to request an emergency guardianship of my great nephew over the weekend. What is the procedure for going nefore a judge over the weekend? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,987 satisfied customers
I am seeking to get temporary guardianship of my nephew, as
I am seeking to get temporary guardianship of my nephew, as is my mother the child's grandmother. (Basically third party custody). I need guardianship for the time being so that I can enroll my nephew… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
Guardianship for a parent. I am the only living adult child
I am the only living adult child left of my mother who has Alzheimer. A granddaughter is trying to get guardianship over my mother. Is it possible, the granddaughter can get guardianship vs. the only biological living adult child? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
I would like to know how to cancel guardianship, the
Hi i would like to know how to cancel guardianship, the guardianship was done on Family Care Plan for Army National Guard. I don't see how the Agent can terminate a Power of Attorney. … read more
Edward Young
Edward Young
Juris Doctor
150 satisfied customers
What is required, in Texas, to take guardianship of a child
What is required , in Texas, to take guardianship of a child if both parents are compliant? My wife's brother has a 12 year-old daughter. He and her mother have not been able to provide a stable envir… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
If im 35 and my father got guardianship over me what exactly
if im 35 and my father got guardianship over me what exactly does that mean? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
If guardianship is given to the grandmother, is one parent
Hello, if guardianship is given to the grandmother, is one parent who makes more money than the other required to pay more based on salary? … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I was wondering how I would obtain guardianship of my niece.
I was wondering how I would obtain guardianship of my niece. She was born in the US, however lives in Mexico with her parents. She wants to come to the US for high school and than to college. I want guardianship so we can enroll her in school, or for medical coverage as well. Thanks. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I am interested in knowing how to get guardianship of a
I am interested in knowing how to get guardianship of a grandchild … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I need advise regarding guardianship in the State of Texas.
I need advise regarding guardianship in the State of Texas. I have a 17 yr. old cameroonian national orphan that is in the US on a 6 month visa extension and I need to get the quickest possible legal … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
I need assistance in getting guardianship of my special
I need assistance in getting guardianship of my special needs grandson. His mother was 15 at birth, and now at college. I am his sole caregiver and I need to make all medical decisions, and hospital s… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
I went to court on oct3 for guardianship I think. it is
i went to court on oct3 for guardianship I think. it is between an aunt and myself being the grandparent and a minor child age 8 the mother & father are out of the picture for now somewhat.long story … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
I want to know if guardianship over minor children was
I want to know if guardianship over minor children was awarded in the state of nevada and a judge approved for relocation to california does the guardianship in nevada still stand once the guardians h… read more
Expert James
Expert James
Doctoral Degree
11,684 satisfied customers
If guardianship was given in California and the guardian
If guardianship was given in California and the guardian took the child to Oklahoma, does the parent have to go back to California to dissolve the guardianship and get custody? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
How hard is it to terminate a guardianship in the state of
how hard is it to terminate a guardianship in the state of missouri … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
What is the difference between Guardianship and Temporary
What is the difference between Guardianship and Temporary Guardianship? We are discussing this with our ex-daughter-inlaw for our granddaughter. She wants us to keep her during school and her to keep … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x