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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118143
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter has been in prison for posession of drugs with

Customer Question

my daughter has been in prison for posession of drugs with their father. She is trying to get her life straightened out. She is going back to school to get her degree in business. Her children have been living with their father. He and his girlfriend say she abandoned the children. She has been asking to see the kids for the last three years many times they wont let me see them either. The CPS give me custody of the kids for a year. with no financial help from either parent. Her husband was convicted of domestic violence.and sentenced to 10 years probation. His girlfriend has been convicted of domestic violence.Is she guilty of abandoment?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can he get custody of the kids?He beat my daughter, put a gun to her head, He tried to choke her, and tried to cut her throat with a box cutter' all in front of the children
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She is NOT guilty of abandonment if she has made efforts to see the children and he and the girlfriend denied her the opportunity to see the children. Abandonment has to be not seeing the children accompanied by the intent to not see the children and leave them uncared for. Here she did not do that, he prevented your daughter from seeing the children.
She will need a local attorney and she will need to present the evidence of his domestic violence to the court and of him denying her attempts to see the children. She needs to file a motion in court to get the court to reunite her and show his violence to the court and the court is not very likely to award him custody
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