Grandparent's Rights Appeal Status

[justvwilborn]

I reside in Texas and I raised my granddaughter for 3 years. My daughter was 15 when the child was concieved and the father was 19. When my daughter was arrested, the biological father abducted the child for ten days. I filed a petition for intervention and won temporary managing conservatorship. A week later my daughter was arrested again and the bio father filed a motion for modification. The associate judge gave the father managing conservatorship. I appealed to the referring court and fled my home with my granddaughter until I recieved the official orders from the court. Meanwhile the father filed a writ of attachment for the child. Local authorities located me 3 weeks later and took possesion of the child. Twelve days later I was arrested for interference with child custody. I was released on bail 3 days later. Two days later, I contacted the DA's office and was told that the Grand Jury no-billed the charges. I had to reset my notice of appeal twice. When the hearing date arrived the judge of the referring court stated that the appeal hearing and the Trial on the Merits would be heard on the same date. The trial has come and gone. The court stated that I did not rebut the presumption of 153.433 for grandparent access. I have been pro se since the first petition of intervention. Historically, the father was arrested twice when my daughter was pregnant and served two years in state jail. He was released Sept. 2004. I paid for all of the pre-natal, delivery, and post-natal expenses. My daughter resided with me off and on during the first 3 years after the birth. We mutually agreed on 3 ocassions that she should move out and try to become self-supportive and leave the child in my care. The father is a 6 time felon. I felt it would be in my granddaughter's best interest to allow the father to develop a relationship with her since he "was now a christian." Upon his release from prison, he moved to a half-way house and resided there for 6 months. He then and currently resides with a married couple that is affliliated with the church that is affiliated with the half-way house. My granddaughter has or had a very strong bond with me and me with her. Her removal from me has been traumatizing to her to say the least. The court also stated that my visitation with the child would be left to the father's discretion. He has not allowed me to visit her at all. I has now been over 5 months since I've seen her. I filed and recieved the Findings of Fact and Conclusions of Law which in essence say nothing to me. My daughter is in rehab for the next 6 months and the court will not allow her right to possession until she is released. I suppose after this lengthy description what I need help on is an opinion of anyone if any court going to grant me any rights? I know that I'm not a lawyer but I have been extensively studying Texas Family Code since before the father was released from prison and I know that I have not been completely wrong in many motions I have filed trying to remedy this gross error. Texas courts supposedly rule on the best interest of the child, but I strongly disagree. How can a Trial on the Merits be held without notification to my daughter nor allowing her to be heard? And how can they ignor TFC 153.104 regarding domestic violence in relation to Texas Penal Code 22.011? Any insight would be appreciated.

[stealth2]

Honestly? I doubt you're going to get anywhere.

[tigger22472]

I agree with Stealth. The biggest thing that hurt you is the fact you are a flight risk with the child and interfered with the courts in their decision of custody.

Just an FYI, if dad now has legal custody, when your daughter gets out of rehab she cannot just simply go over there and get her child. She will have to file for visitiation or custody through the courts. Until such time that she has one or the other dad can also prevent her from seeing the child. (this is all unless there is a clause in the custody, yet I doubt considering the situation).