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Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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My dtr is currently in jail, and her sons dad mother currently

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My dtr is currently in jail, and her sons dad mother currently has her son, because she basically lied to me to get him, my dtr recently sent me a notarized letter stated that she's giving me custody until she is released. How would I go about getting her son from the other grandmother. A few facts we resided in tx, and her son is the reason my dtr is in jail along with her son.

meigs004 :

Hello, can you specify what you mean by dtr?

meigs004 :

Do you mean daughter?

Customer: Yes
meigs004 :

Is there a court order indicating that the father of the child's mother has custody of the child?

Customer: No nothing from court
meigs004 :

Ok, so the father of her son, technically has custody as of right now, correct?

meigs004 :

But the grandmother keeps him.

meigs004 :

Because the father does not take care of the child.

Customer: No up until my dtr went to jail she had custody of him
Customer: They were living together her and her sons dad
Customer: Yes she has him now
Customer: The father is in jail with my daughter
meigs004 :

Was your daughter and the father of your grandson ever married? Was there ever a custody order entered indicating that your daughter had custody of the child prior to them going to jail?

meigs004 :

Sorry for all the questions, just trying to gather a bit more information.

meigs004 :

Also, last question has DHR or CPS (department of human resources, or child protective services) ever been involved?

Customer: No they were never married, no custody order is in place, they were living together and taking care of the child together prior to jail
Customer: Early on when the baby was born
Customer: becauseborn because the dad was holding him and he fell wi him causing a fracture of his skull
meigs004 :

Ok, thanks for that information. In order to seek custody of the child back from the other grandmother, you will have to file a petition for custody of the child with the court. In order to have legal and physical custody of a child, you must have a court indicating that the custody arrangement of the parties. Therefore, in order to seek custody and physically obtain the child, you must file a petition with the court to do so. You are in the rare circumstance, where both biological parents are incarcerated, and a custodian of the child is needed legally. The incarceration of both the parents is a limited circumstance where a grandparent can seek custody of the grandchild.

meigs004 :

In order to take custody of the child, you will have to be awarded it by the court, which will require the proper drafting of the petition, and the petition must seek to convey to the court that you are the most fit and proper custodial guardian of the child at this time, and that it is in the best interest of the child for custody to vested in you.

Customer: So in the mean time while that is going on do I have the right with the motorized letter from my daughter to go and pick up her son
meigs004 :

The letter is beneficial, but in effect, it is not a legal document providing custody to you. You could seek to obtain the child with the letter if the other grandmother is not aware of its legal effect, but in order to have legal custody of the child you must have a custody decree.

Customer: and can she legally obtain custody of him without notifying anyone and can she adopt him without notifying anyone
meigs004 :

No, and no. Proper notification would have to go out with that regard, considering the parents are not deceased, but only incarcerated.

Customer: And does she have any legal right to keep me from seeing him
meigs004 :

No legal right, but physical possession is 99% of the battle when there is no legal custody order in place.

Customer: Ok thank you so much
meigs004 :

You are very welcome, do you have any other questions?

meigs004 :

If not, please remember to provide a positive rating by selecting the smiley face and submitting so that I may be credited for our time together! Good luck to you and your daughter in your efforts!

Customer: no that all you have been very helpful
Customer: Thank you
meigs004 :

Thank you have a great rest of your day.

meigs004 :

Good luck!

meigs004 :

And do not forget to provide the positive rating.

meigs004 :

You forgot to provide the positive rating! Please return select the smiley face.

meigs004 :

I can not be credited unless you do.

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