Q: My son had a child out of wedlock. There is no custody or parent agreement. She is moving to Texas.
I would also like grand parent rights. Do we need to file in California or Texas. She plans to move in the next 3-4 weeks.
A:
Your son needs to file a Petition to Establish a Parental Relationship and a Request for Orders for child custody and visitation and to address the move away issue. He needs to do this ASAP before she moves to ensure that she cannot move. His best bet is to file an ex parte request so that the judge can hear it immediately as she has already told him that he intends to take the child out of the state.
Unfortunately if your son is asserting his parental and custodial rights you will not be able to petition the court for separate grandparent's rights as they only apply in certain circumstances and this situation does not comply.
If you have any questions about the process or what the process entails please do not hesitate to contact me at my office.
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