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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28019
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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We went to TX last week to visit my husband's daughter and

Customer Question

We went to TX last week to visit my husband's daughter and she had bruises all over. This is not the first time but we are 100% her mother is abusing her...or her mother's boyfriend. Her mother has a custody agreement in Texas with my husband but they don't follow it because we are in MS. The mother is tired of the girl and wants to send her here "until she gets back on her feet," which means until she runs out of money and decides she wants her daughter back. We don't want the girl in that household anymore bc she is in danger. We have taken pictures and have documentation of things she has told makayla or to us regarding the care of the daughter. I just don't know where to start so that when we go to pick Makayla up in Texas (with permission from the mother) we won't have to return her knowing that she will be abused when she goes back.
JA: Have you talked to a laywer yet?
Customer: No...we were not sure where to start
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. If there is abuse and evidence to support it, the police need to be called and a report needs to be filed and child services need to be contacted as well, to perform a wellness check. You should NOT wait to go get her and should take action now, since she remains at risk, every day she is there, until in your possession. Then, once she is with you, a motion/petition needs to be filed with the court, to modify custody and have the child remain with your and your husband, as a direct result of the abuse. Since there is evidence to support it, the Judge should order it, since they need to act in the best interest of the child and do not want to subject them to such abuse.

Customer: replied 1 year ago.
What if they don't find anything once they get to her house? I mean obviously the bruises but what if she says they're from falling or something. This isn't the first time CPS has been called...i don't think the police was ever called however. Just trying to prepare for what will happen if nothing comes from us calling the cops and then the mother is mad and refuses to let my husband come get the girl.
Expert:  FamilyAnswer replied 1 year ago.
If nothing comes from it the child will remain and then you will have to proceed through the court to gain custody
Expert:  FamilyAnswer replied 1 year ago.
if they refuse to allow you to take her then a court order will need to be obtained
Expert:  FamilyAnswer replied 1 year ago.

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Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!