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Stepmom wants to know the laws in TX

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  • Stepmom wants to know the laws in TX

    To make a very very long story short.

    1) My stepson lives with my husband's mother. Mom, Dad, and Grandma has joint custody with Grandma being the primary.

    2) There is no reason nor has any reason ever been proven that the child should not live with us.

    3) We are in the beginning of yet another court battle.

    What are the laws that pertain to the grandparent having custody? Last time we got told because nothing had changed, we could not be his primary household? Despite proving the Grandmother is a liar and is being mean and spiteful. The child is 10 and has always wanted to live with us and we have always wanted him to live with us.

  • #2
    Originally posted by krystaleviolette
    To make a very very long story short.

    1) My stepson lives with my husband's mother. Mom, Dad, and Grandma has joint custody with Grandma being the primary.

    2) There is no reason nor has any reason ever been proven that the child should not live with us.

    3) We are in the beginning of yet another court battle.

    What are the laws that pertain to the grandparent having custody? Last time we got told because nothing had changed, we could not be his primary household? Despite proving the Grandmother is a liar and is being mean and spiteful. The child is 10 and has always wanted to live with us and we have always wanted him to live with us.
    here is some info:
    http://www.texasfamilylawyers.com/ar...dyoverview.pdf

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    • #3
      That is very good information. I have will have to spend some more time with it. I heard something about a new law that grandparents can't have possession unless there is a really good reason. Does that still apply if they already have possession?

      Comment


      • #4
        Originally posted by krystaleviolette
        That is very good information. I have will have to spend some more time with it. I heard something about a new law that grandparents can't have possession unless there is a really good reason. Does that still apply if they already have possession?
        i havent heard of a new law but a grand can have custody if they have taken care of the child for 6 months or more.
        if it can be shown that custody is necessary because the child's present environment presents a serious question concerning the child's physical health or welfare; or the parents, surviving parent, or the managing conservator files the petition or consents to the grandparents having custody. Again, as in the case of parents who seek custody, the Court will start with the "best interest of the child" test.

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        • #5
          then if we are the best home, they should that see that and award custody? We don't smoke, or drink or anything. We are just too hard working people trying to protect the child and have some peace in the 3 of our lives. He is exposed to constant cigarette smoke at his grandmother's house which has caused him to have several ear surgeries. He doesn't eat well there. He hates being there because he doesn't get any attention. He catches his grandmother lying to him. His biological mom is even worse because she is always having drinking parties at her house. We never said anything bad about them, we let him find out on his own the kind of people they are. The court has not cared about any of that in the past. They cared more about ending the trial before the end of the day than anything else.

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          • #6
            Originally posted by krystaleviolette
            then if we are the best home, they should that see that and award custody? We don't smoke, or drink or anything. We are just too hard working people trying to protect the child and have some peace in the 3 of our lives. He is exposed to constant cigarette smoke at his grandmother's house which has caused him to have several ear surgeries. He doesn't eat well there. He hates being there because he doesn't get any attention. He catches his grandmother lying to him. His biological mom is even worse because she is always having drinking parties at her house. We never said anything bad about them, we let him find out on his own the kind of people they are. The court has not cared about any of that in the past. They cared more about ending the trial before the end of the day than anything else.
            did you have a lawyer, they have to convince the courts that you and your husband are the best interest of the child. do you have doctors records to prove the injuries to his ear, get letters from his physician. he's 10 but some courts hear kids his age.
            is your husband receiving visitation?

            this is new:
            The child's power to name a managing conservator, with the judge's concurrence, is relatively new, at least at the ten year old level, and the writer's experience is that judges place considerable weight upon the child's choice.
            Last edited by love it hate it; 03-24-2006, 03:40 PM.

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            • #7
              we are on our 5th lawyer now, the first 4 did nothing but make the situation worse. In fact the situation is mainly because of the first 2 and a momentarily lapse in my husband's better judgement in trusting his mother. I have talked to the dr. office and they said they is no way to verify but almost all ear problems in children are caused by second hand cigarette smoke. I tried to get some records last time and all they did is give me billing information. And like I said the lawyers are not helping. She has a great lawyer and makes up utter lies about us. It is a very terrible situation.

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              • #8
                Originally posted by krystaleviolette
                we are on our 5th lawyer now, the first 4 did nothing but make the situation worse. In fact the situation is mainly because of the first 2 and a momentarily lapse in my husband's better judgement in trusting his mother. I have talked to the dr. office and they said they is no way to verify but almost all ear problems in children are caused by second hand cigarette smoke. I tried to get some records last time and all they did is give me billing information. And like I said the lawyers are not helping. She has a great lawyer and makes up utter lies about us. It is a very terrible situation.
                has the child been able to talk to the courts
                that seems like your final option besides exercising his right to choose when he turns 12 years old. i know its frustrating

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                • #9
                  yes we were trying to wait till he was 12, but grandma has filed to terminate dad's parental rights( making some new lies up) so we have to go to court again before he is 12. Can we sue her for lying about us?

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                  • #10
                    oh, and yes we do have visitation(1st and 3rd weekends schoolyear, every third week in the summer, fathers day weekend) (though we have been denied at several times), and the child would love to speak to the court, they haven't allowed him in the past

                    Comment

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