Our daughter is 21 and has a 2 1/2 year old child who has lived with us since birth. our daughter recently started working but has been homeless for 2 weeks. She's currently staying on the couch of a friend. she has no car insurance and vehicle registration is expired. I'm concerned she may get picked up if she's stopped by the police. The baby's father is in another city and mostly works off shore - we were wondering if there's anything legally we need to be doing to be prepared in case she continues her downward spiral or gets incarcerated?
2 Answers from Attorneys
The obvious answer seems to be to help make sure she has a stable home and can travel to her job without risk of being incarcerated. Unless there is something else involved that you have not disclosed, she should not be incarcerated for driving with an expired registration and no insurance (although the car may be impounded).
If there are concerns that she may find herself incarcerated for an extended period of time then you probably want to talk to a family lawyer (and your daughter) about obtaining custodial rights over your granddaughter so you can provide your granddaughter medical care, make educational decisions, etc. It's not about taking rights away from your daughter. It's about making sure your granddaughter can be provided necessary care.
I absolutely agree with Attorney Kielich. He gave you a great & thoughtful answer.
It appears you live in the Houston area. You need to have an experienced family law attorney ready to represent you if and when she is arrested.
I only mediate these days but I know a lot of excellent family law attorneys. I can refer you to several. You need to select one that you like & that you can afford.
You can look on this website & on www.avvo.com.
My email is firstname.lastname@example.org and my phone number is 713-847-6000.
Thanks for taking care of this child! Good luck!