My grandaughter's father picked her up from childcare two weeks ago and will not allow her to return to my daughter (who lives in our home). There is no court order, they simply agreed on each having 1/2 of the week with the baby soon after they split up. The arrangement seemed to work until the father decided that because my daughter was not in school (college) and had lost her job, she was not a fit mother (he is 20, she is 19, the baby is 15 mos). He says that his attorney told him to keep the baby and deny my daugher any visitation. He believes that he will be able to claim abandment on her part by doing this and insists that he will be able to prove her unfit. Can he do this? My daughter has not been served, but has been visiting the baby at his home in the evenings and calling nearly every day to ask for visitation. He will not allow her to take the baby on weekends and did not add her name to the authorized pick up list at the new child care facility. He says that she can just visit the baby at the child care facility during the day, which is ridiculous! We have yet to hire an attorney (the cost here is high), but do not know if what he is doing will harm her chances of obtaining custody when we do. Should we wait to be served? Or initiate action to regain custody first? Is anyone familiar with Texas law in this regard?

well does your daughter have him on the babys birth certificate?if not then she can take the law and get him for taking the baby and keeping it,they say in ohio the law here is that a mother has custody of the child,unless they go to court and take custody from her. if i were you i would call the law and ask them about it and they can tell you how to get help.do you guys have legal aid where you live? if so call them they go on your income i would do anything i could to get my daughters baby back where she belongs with the mother.

If he is denying visitation, call the police next time. She has joint custody, so he cannot refuse to let her have her own kid. Also call DCS to get their take on this since she has joint custody of the child and he is not allowing her to act accordingly. Act now. I would not wait. as for the daycare, go there and demand to be put on the authorized list because you are a parent and you have joint custody, thus no legal ability to preclude you from picking up the child. If he does not relent, get the child and take the child back into your custody. Let them call the police if you demand to take the child because the child is presumably under your custody and was until the father took the child and then never returned the child and is limiting your ability to see the child. Do no go along with his orders since they are not imposed by a court. The police will be called, but if he took the child, then you should have reported him to the police by now anyway since the child was in your custody and he never returned the child and has been toying with you. If you do not stand up, he is going to bully you. Then this will go to court. When you go to court, explain the situation and your efforts to resolve it peacefully and this man cutting you out of your kid's life without consent or discussion and your efforts to remain in the child's life and honor the joint ustody agreeement, which he has taken advantage of. Seek interim orders for joint custody with you having primary physical custody.