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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116711
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in Texas and have a 17 1/2 year old daughter whom has

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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?
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.

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Customer: replied 5 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.

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