Pflugerville, TX asked in Family Law and Child Custody for Texas

Q: What rights do the maternal grandmother have?

Biological father and my daughter were living together (not married) he took the 3 year old child to his mother, kicked my daughter out in the street, she is now homeless, I am already raising her 1st child , half sister to 3 year old, would like to get custody of 3 yr old and raise the siblings together, father has refused my visitation of 3 year old with sibling, can I file and proceed to get custody and take custody of child?Do I have the right to go get child immediately so that my daughter can be reunited with 3 year old and come to my home to get on her feet ? This was a very emotional abusive relationship that I am glad she is out of but how do I get the child away from his mother and to my house to be with her sister and mom?

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1 Lawyer Answer
Rahlita D. Thornton
PREMIUM
Answered

A: If there is no order in place or other action pending then the mother has the right to get her child from the grandmother. She has to call the police and ask them to escort her to get child and inform the grandmother that she is coming to get her child if the father is not there. The mother does not have superior rights over the father, so if he is present it will be a problem. If this does not work then get an attorney involved. 888-343-4529.

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