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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33555
Experience:  Began practicing Family Law in 1992
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My daughter resides in Louisiana and allowed her son to go

Customer Question

My daughter resides in Louisiana and allowed her son to go visit his father in Texas and the father has now left the child with the grandparents there in Texas. The grandparents will not speak with my daughter about her baby. Can she just show up at the home with a cop and pick up her baby with his birth certificate?
JA: Have you talked to a lawyer yet?
Customer: We spoke with CPS they said she can go get the baby
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

CPS is making it sound simpler than it may actually be. First off, the police will usually tell her "it's a civil matter" and that she has to go t court and get an order before they will get involved.

If there is no court order in place establishing the custody of the child then each parent has an equal right to the child. That means either of them can keep the child. If she can get the police to go with her to get the child then certainly she is safe doing so but if they won't then she has to either wait until the time he agreed to give the child back or she can go ahead and file papers with the court asking the judge to order the child to be turned over to her and also establishing child support, custody, and visitation.

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