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  1. #1
    Join Date
    May 2010
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    1

    Default Grandparents Rights for Custody of Unborn Child

    My question involves grandparents rights in the State of: Texas

    I believe my daughter is having extreme mental issues. She gets a girlfriend off the internet and within 2 weeks of getting here my daughter is impregnated by a stranger off of Craigs List as a sperm donor. Her girlfriend cant get a job here so my daughter leaves her job and her house to follow this girl who has warrants for domestic violence to another city. No job, no money, no vehicle, and no place to live. My daughter is living from house to house. She has no ID. Nothing!!! She has not been to a doctor for prenatal care. Is there anything I can do to get custody of my unborn grandchild?????

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Grandparents Rights for Custody of Unborn Child

    Quote Quoting cclaus
    View Post
    My question involves grandparents rights in the State of: Texas

    I believe my daughter is having extreme mental issues. She gets a girlfriend off the internet and within 2 weeks of getting here my daughter is impregnated by a stranger off of Craigs List as a sperm donor. Her girlfriend cant get a job here so my daughter leaves her job and her house to follow this girl who has warrants for domestic violence to another city. No job, no money, no vehicle, and no place to live. My daughter is living from house to house. She has no ID. Nothing!!! She has not been to a doctor for prenatal care. Is there anything I can do to get custody of my unborn grandchild?????
    No.

    You cannot prove someone to be an unfit parent until they have actually become a parent.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3

    Default Re: Grandparents Rights for Custody of Unborn Child

    Until the child is actually born, there is no legal child for there to be custody OF. Neither you nor anyone else can force her to have prenatal care. Once the child is born, if you have reason to believe that the child is living in abusive or neglectful conditions, then you can both report the matter to CPS, and can seek legal guardianship of the child in your local probate court - keeping in mind that:

    a. your daughter has no legal obligation to allow you to be anywhere near the child enough to KNOW their living conditions.

    b. unless there is IMMEDIATE danger to the child, OR unless some pattern of behavior develops once the child arrives, CPS will bend over backwards to improve mom's parenting skills and living conditions BEFORE either removing the child OR recommending that the child be removed from its mother for either foster care or change of guardianship. In other words, if mom wants to remain mom, and so long as the child is in an environment where there is no physical abuse, and the child has adequate food, shelter, and clothing, (regardless of whose roof they're under or who pays for it), then mom is likely to retain guardianship. If mom is WILLING to give up her guardianship, the process becomes much easier.

    c. Since there IS a father somewhere in the picture, HIS rights, should he establish himself as the father, will take precident over any other party. If he WANTS to be part of the child's life, and doesn't have some well-documented reason for the court to deny him custody, then should mom be declared unfit or willingly give up custody, dad becomes the natural choice. If the father does NOT want to be involved, his consent will be required before adoption or change of guardianship occurs to another party.

    So you're really standing in line behind two parties who either have to AGREE to your guardianship, or, who have to be found to be SO detrimental to the child or incapable of caring for the child's basic needs AFTER having received intervention services, that the situation warrants involuntary removal.

    Should the child be involuntary removed by CPS, they will have their own process for clearing you or some other family member before they recommend placement. Be prepared for them to appear harsh in evaluating you as that potential guardian, given that you are the parent of the mother in question.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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