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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9970
Experience:  Experienced Family Law Attorney
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My now 37 year old daughter got married to a loser, druggie,

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My now 37 year old daughter got married to a loser, druggie, person 8 years ago in Georgia where there is no common law marriage. Marriage license was never filed back in the court but she had catholic marriage. They lived with his mother, brother, sister in law and pretty much lived off the government. She had a child, and after three years of not allowing us to see her and stealing and abusing us, she decided she could not take it anymore and moved to Texas and has lived with me for the last three years with her daughter who is now 6. She then found a man, got involved with him and four days ago took off with him and her daughter. She just put the girl in his truck, no clothes, no toys, no personal belongings, no explanation to the child - just took off. Now, she is treating us the same way she treated us before, not answering, not seeing us, not telling us when we can see our granddaughter. This new boyfriend lives in the country, with his parents, his brother, and sister in law. Same situation as before. They all receive disability and don't work. My daughter has suffered ADD-ADHD since she was in school. She is not capable of looking at things long term and we are very concerned. We know there are guns in the house, but since this guy receives a good income for his disability, and can buy things, she thinks he is the greatest. We have checked his social media and he has pictures of pornography, guns, and they look like would be to us not the environment our granddaughter is used to. Do we grandparents have any rights or something we can do? When my daughter moved back, she was in a horrible, neglected shape. Granddaughter was three but looked 2 at the most, no motor skills, verbal impairment. I immediately made appointments with different specialists and she is now unrecognizable from when I saw her that day at the airport. She has developed, doing great in school, loves to socialize, etc. but doctors say she needs to continue to be monitored and I always have to remind, push, my daughter into making appointments, etc.
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
A few moments please as I look into this for you.
Expert:  LegalGems replied 2 years ago.
A failure to file a marriage license does not nullify a wedding, so if the wedding is valid and a party remarries prior to obtaining a divorce, that is bigamy, which is illegal.
As for third party custody, Texas is more progressive than most states, and will allow for grandparent custody under the following circumstances:
1. the child has lived with the grandparents for the past 6 months. If no longer residing with the grandparents (GP), the child has moved out within the 90 days preceding the litigation.
2. the court has named the GPs as guardian in a prior proceeding.
3. the child will be hurt (physically or emotionally) by the current living conditions/caregivers
4. the parent(s) agree the GPs should have custody.
In determining custody, the court will look at the "best interests of the child" considering factors such as:
What the child wants,
What the child needs for physical and emotional health,
If the child is in danger,
If the parents or grandparents would be good at raising the child,
If the child can get public benefits,
If the home is stable and safe,
The acts or omissions of the parent(s), for example, if the parents have committed crimes or have not cared for the child,
Any excuses the parents have.
There is a "parental presumption" that living with the bio parents are in the child's best interest. The GPs can overcome this by proving the following:
The child will be hurt by living with the parents; or
The parents have a history of family violence; or
The parents voluntarily sent the child to live with someone else for a year or more and within 90 days before the suit was filed in court.
Third party custody cases are more complicated than parental custody cases (which can also be complicated) so I would strongly urge you to hire an attorney that has vast experience in custody rights.
You may be able to get assistance preparing legal documents (Texas Department of Aging and Disability Services at(###) ###-#### ***** most states provide free limited legal services to seniors (if you are a senior); they will not provide actual representation so an attorney would need to be hired for the court appearances.
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Expert:  LegalGems replied 2 years ago.
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