Legal Question in Family Law in Texas
Grandparent needs custody
my son and his ex-g/f have a son that will be 2 in late april, 2007. The mother is a drug user, underage alcohol drinker, drives a car with no license, no insurance, stolen or altered tags and inspection sticker. She is out on bond from an assault charge and has warrants for the above mentioned on her car. She lives in an apartment that has the open floor plan, the only 2 rooms are a closet and the bathroom. She has her drug and alcohol parties while the child is in her care. There is no custody arangement and she is now withholding the child from the father. My son is in legal trouble because the mother is bipolar and easily flies into fits of physical violence. When he blocks her hits she gets bruises and calls the police to press charges. There are witness' to her attacking him and hi m only defending himself. She has attacked the father while he was holding the child. she has attacked the father while she is holding the child. (I say that is child endangerment.) There are witness' to that also. My son has agreed to my filing for custody but she will not. What can I do to get the records of her warrants and the pending assault charge ? I have the money to file the paperwork and to serve her but, not for an attorney, what now?
2 Answers from Attorneys
Re: Grandparent needs custody
You and your son need to join forces and get his paternity established.
Being on the birth certificate is NOT enough.
He needs to file a lawsuit to have himself declared to be the child's father.
You need to hire an attorney to make sure that you do not waste your time and money.
Re: Grandparent needs custody
Grandparents currently do not have standing (rights) to sue for custody. If the child is in physical or emotional danger where he is living you should contact Texas Department of Family and Protective Services (CPS) toll free 18002525400. If they remove the child from the home they will look to you first to see if you are qualified to care for the child. Given the circumstances you described, that may be the best place to start.