Need Help ASAP

[Dozar21]

Texas

I need help... My Wifes ex husband had custody of her son.... Her son recently started living with his grandmother on his dads side.... Not legally... Last night her ex husband was killed in a car wreck... We need to know what is her rights... Can she just go get her son... Does she need to file a tempary custody form down there.....
Please reply asap

 

[casa]

Texas

I need help... My Wifes ex husband had custody of her son.... Her son recently started living with his grandmother on his dads side.... Not legally... Last night her ex husband was killed in a car wreck... We need to know what is her rights... Can she just go get her son... Does she need to file a tempary custody form down there.....
Please reply asap

Is this all happening in Texas? Yes, she needs to file for change in custody. The grandparents will be able to file for visitation rights since their son is deceased.

 

[Dozar21]

Ok

So does she need to get a lawyer or can she just go file a paper at the court.... Yes it is in Texas.... Please let me know if you have any knowlege in this situation...

Thomas

 

[LdiJ]

So does she need to get a lawyer or can she just go file a paper at the court.... Yes it is in Texas.... Please let me know if you have any knowlege in this situation...

Thomas

It might not be necessary for her to file for custody. Does she have any form of joint custody at all? If she does, she can just go get her child.

If not, then yes it would be best to file for custody, quickly. I would recommend getting an attorney to handle it. It will be quicker and smoother.
Plus, there is a decent shot that grandma has already run to court to try to get custody, so the quicker the better.