2006-11-20 05:24:04 · 4 answers · asked by Teresa H 1 in Politics & Government ➔ Law & Ethics
maternal grandparent living in Louisiana wants to know how to go about seeking visitation or custody of grandson from Paternal grandparent in Texas
2006-11-20 05:30:58 · update #1
I'm assuming your question is...how do I go about obtaining this...
First of all anyone can file for custody of a child (no matter their relationship to the child) if they believe that it would be in the best interest of the child for them to have custody. However, visitation is a little more tricky.
Your first step should be to contact the family court in the county where the child has resided for the past six months. Request a UCCJEA (out of state) custody/visitation petition (they are usually exactly the same, you just have to check different boxes). You can then take this to your attorney to complete or you can complete it yourself. They are not difficult to complete. You may be able to obtain the petition forms on-line or ask them to fax or mail them to you. MAKE SURE YOU GET THE OUT OF STATE PETITION! This is needed if any of the parties live in different states. The judge will need to verify jurisdiction.
You will have to either submit the completed petitions in person or you will have to have them notarized and then sent certified mail to the Family Court in Texas. The court clerk will give you your court date and time where you will plead your case to a judge, proving to him that it will benefit the child for you to have visitation or custody. You will want evidence and witnesses to testify as character witnesses on your behalf.
If the other party agrees then the process is fairly quick and simple. If they do not agree and refuse to compromise then expect the process to get sticky. You will want to find a local lawyer or request a court appointed attorney to plead your case. Most likely if the two lawyers can not reach a compromise then the case will go to trial, which can take anywhere from 4 months to a year (or longer).
If you are requesting only visitation then know that in many states there is no such thing as grandparents rights (research this on-line for your state before trying to plead this). You may have to settle for visitation when your daughter has scheduled visitation. If she has no visitation then you can request that you be given her visitation so the child can have a connection to his/her maternal side.
The best advice any of us can give you is to speak to an attorney with family law experience in the state where the child resides. That would be Texas if the child has been there longer then 6 months or their previous state if they have not.
Best of luck.
Also note: on the petition you are the petitioner and the respondents are both paternal grandparents, the bio dad, and the bio mom (unless either parent has given up their rights) and if child services is involved you will also have to list them as respondents. You need to file against all of them (not just the paternal grandparents) to make your petition valid.
2006-11-20 05:43:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Find an attorney, and I do not know your current status, but I would try and get visitation first, and then go from there. I am a "firm" believer that as long as its for the welfare of the children, not personal gain, or revenge, it has to be for the welfare of the children. Good luck.
2006-11-20 13:31:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Leave well enough alone! If it ain't broke don't fix it! Try talking to the mother
2006-11-20 13:26:07 · answer #3 · answered by angelic1302 3 · 0⤊ 2⤋
What's your question?
2006-11-20 13:28:34 · answer #4 · answered by auskan2002 4 · 0⤊ 1⤋