• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Grandparent Intervention

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mmaydawn

Registered User
What is the name of your state? Texas

Here are the facts:

I filed for modification of custody order due to I want to move to Arizona with my children. I want the geographical limitation removed.

Father goes to jail.

After social study is complete, paternal grandmother files intervention suit for access. She is asking the court to award her the father's rights due to him being incarcerated. She also wants them to restrict me to dallas county.

How likely is that the court will award her this?
 


LdiJ

Senior Member
Mmaydawn said:
What is the name of your state? Texas

Here are the facts:

I filed for modification of custody order due to I want to move to Arizona with my children. I want the geographical limitation removed.

Father goes to jail.

After social study is complete, paternal grandmother files intervention suit for access. She is asking the court to award her the father's rights due to him being incarcerated. She also wants them to restrict me to dallas county.

How likely is that the court will award her this?
Little to no chance....the judge actually doesn't have the legal authority to do that....nor could the judge enforce it if you did move.

Edit...I need to add to that. Its important that you have a good attorney to handle this for you...one that won't just treat this as a parent vs parent case....and will actually review the case law on the subject. Parental rights are not "transferable".

The reason why the judge can't restrict you to Dallas County is because the judge can't prohibit YOU from moving...only the child. Therefore the only way he could restrict the child to the county is if the judge was willing to give custody to the grandmother if you DID move. Since the judge can't award custody to a non-parent, without finding the parent legally unfit (parent's have constitutional rights to the care and control of their children) a judge can't restrict you to TX or Dallas County in this instance.

There was a judge in PA who attempted to do just that sort of thing. A mother was moving from PA to VA (I think) and a grandparent petition a judge to restrict her to their county. The judge ordered the restriction. This created such a legal Hulabaloo all over the country that the judge ended up with serious egg on her face. The judge was in so deep that the judge brokered a visitation agreement between the mother and grandparents so that she could save face in the situation. She didn't...because it was reported as "saving face".

Unless your judge lives in a vacumn...your judge has heard of that case and won't attempt to do the same....and would have been unlikely to attempt to do it anyway.
 
Last edited:

Mmaydawn

Registered User
Thank you for replying to my message. My attorney told me that she wouldn't be able to do that. I just wanted to get some other people's opinion's on this as well.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top