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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28334
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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my daughter has custody of my grand baby, the babies daddy

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my daughter has custody of my grand baby, the babies daddy has not seen her since he moved away to south Texas ( 9 hours away from home in Okla.) the second week in January. He has had oppertunity but always had excuse not to come get or see her! He does not pay his child support and last she heard does not have job cause. He is suppose to come this Saturday to get her and take to south Texas for 2 weeks, baby does not really know him or anyone in his family he is living with new wife and his mother!!! the baby is only 2 years old and only knows our family she has been with my daughter or with us.. My question is.. Is there anything we can do to keep him from taking her off like strangers for 2 weeks her not understanding what has happened to her world as she knew it?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. IS there currently a visitation order in place at this time, imposed by the court, which is giving him the right to take the child for two weeks? Also, has the mother taken any action to enforce his child support payment?
Customer: replied 4 years ago.

yes they have standard visitation set up in divorce. before he left for south texas he very seldom came to see her and never got a baby bed so that he could keep her on the weekends he was to have her. Yes DHS is gaurnishing his check but he quit job soon as they started. DHS did take his income tax and give to my daughter

Jo, thank you for the additional information. If there is standard visitation in place, he does have a legal right to exercise his time with the child and take her. Since this is court ordered, your daughter needs to comply. If she fails to do so and turn the child over, she could be held in contempt of court, for violating the order. While I understand how the lack of time and effort with the child does effect his relationship with her, your daughter would need to file a motion with the court, seeking to modify the visitation, if she did not want him to take her. She would need to show it is in the best interest of the child, to limit the time with the father, as a result of there being no existing relationship and him making no effort, after all this time, to establish one. Since the child is at such a young age, she may not know what is going on. See how he is supposed to take her this Saturday, she would need to file an emergency motion with the court tomorrow, to get the matter before the Judge as soon as possible.

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Customer: replied 4 years ago.

is it illegal to offer money since that is what he likes to sign over his rights ?

If he were to terminate is parental rights, the Judge will likely want to know why. Moreover, it may not remove his legal obligation to pay child support either, so it really would not benefit him, unless it was strictly for financial gain. If the Judge were to find out about this, it could be an issue and not something to do.
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Customer: replied 4 years ago.

thanks. that is what I thought just checking since had you on line.