Q: how do i get legal custody of the grandchildren i raised in Texas, mom a junkie
the children are 9 6 5 & 3 she leaves them home alone and the new boyfriend makes them call him Daddy and children are always bruised we raised them but my daughter decided to yank them out of the only home they have ever known!!
A:
Sorry about your problem.
If you can prove that the children are being abused, you can petition the court in the county where the children are, for a Protective order, and request the children be placed with you while your Petition for custody is pending. The father would need to be part of any petition for custody. If he is not available or is deceased, you need only file against the mother.
It is sometimes hard to prove the kids are being abused. Be ready for a horrible experience. Setting up your proof before you file any papers is important. If there is true abuse going on right now, you should probably call Child Protective Services ASAP, so they can protect the kids. This is also another factor in your case if filed.
Get a local family lawyer to help you as there are many procedure rules and laws that are strict and must be followed to take children from their mother.
Good Luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
