Question About Child Custody In Texas

[alwayscarolina]

What is the name of your state (only U.S. law)?
Texas

A girl I know lives in Kansas, she sent her son to visit her mother down in Livingston, TX. Well, her mother refuses to send the child back to her, which normally I know means the mother just goes and gets him BUT here is the kicker the father of the child is living with her mother now. Kinda not sure what I'm looking for here, just maybe a direction she can to go get her son back... where to start anything. Any and all advice is appreciated! Thank you in advance.

 

[alwayscarolina]

Just to add father of child is on birth certificate, but up until child went to visit like four months ago he'd always lived with mother and her husband. And the child is three.

 

[AkersTile]

Mom needs to come here to post her own questions. We will better be able to give advice knowing specifics.

Is there a CO for Custody/visitation?

 

[alwayscarolina]

Unfortunately she doesn't have a computer otherwise I would have her do so. There is no CO for custody/visitation. It's pretty basic really. The child has always lived with his mother and her now exhusband. Here is the story. The mother has two children with two different men. A little over a year ago the mother sent the children down to TX to visit her mother (when she and her husband separated). Her husband took her to court for custody of the little girl whom was his daughter and they came to an agreement on that. At that time both children were returned to their respective parents. That was August. Since then the mother has allowed her son to visit with his grandmother again. The grandmother refuses to return the child to the mother, and has had the child's biological father move in with her. The child's father is on the birth certificate. I don't know anything about TX law I'm just trying to get an idea of where she can start.. if she has custody to begin with since she wasn't married to the boy's father and all of that..what her rights are basically..what she needs to do.. if there's someone she can just call.. anything to get her started in the right direction so she at least knows before she goes jumping in head first.

 

[AkersTile]

Mom is the ONLY one who has rights to her child if there is no CO. She needs to go get her son NOW! Not tomorrow, not next week, NOW! If kiddo stays there, Dad can establish status quo and file for custody, which would most likely result in Mom having to have kiddo visit her instead of visit Grandma and Dad.

Tell Mom to go get kiddo. Then when she gets home, to go to the local courthouse and file for custody/support/visitation.

 

[alwayscarolina]

Alright, apparently there is a problem with the police in Livingston, TX. They told her they don't deal with civil issues that she has to take it to court.... Thanks for your help.

 

[AkersTile]

If city police won't help, take it to county sheriffs. She is the only one who has the right to get her child. She needs to bring the child's birth certificate with her when she goes to get kiddo.

 

[Ohiogal]

Mom is the ONLY one who has rights to her child if there is no CO. She needs to go get her son NOW! Not tomorrow, not next week, NOW! If kiddo stays there, Dad can establish status quo and file for custody, which would most likely result in Mom having to have kiddo visit her instead of visit Grandma and Dad.

Tell Mom to go get kiddo. Then when she gets home, to go to the local courthouse and file for custody/support/visitation.

The police will NOT interfere with this. The child is with DAD -- the father on the birth certificate. This is strictly a court issue. Mom needs a court order.

 

[Ohiogal]

If city police won't help, take it to county sheriffs. She is the only one who has the right to get her child. She needs to bring the child's birth certificate with her when she goes to get kiddo.

WRONG. The child is with baby daddy. Hence the police will NOT retrieve the child in this instance. Mom needs to get a court order. And the birth certificate will not help. Because it will show the name of the daddy as well.