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  1. #1

    Default Fighting for Child Custody Against a Grandparent Caregiver

    My question involves a child custody case from the State of: TX

    The father was granted sole custody. The father was charged with interference of child custody after several trips to court to enforce court ordered visitation or modify the visitation. Finally when my child was 4 I was able to see her. I saw her for two years consisitently and showed uo for every visit that I was denied and made police reports every time.

    Recently I moved out of state and opted for one weekend per month with intent to file for custody since it was verified that my child was not living with her father anymore but with her grandmother. I have custody ordered by the court of my other two children. The grandmother filed for custody on the basis that my child has been living with her for two years with a two month stretch in between where the father took my child. I am tired of all the drama and my daughter beinf withhelf from ke and her sisters. The grandmother is now withholding my visits stating that I would abscond with my child.

    I have never violated any part of the court order and as much as I love my daughter getting charges of parental kidbapping isn't on my to do list. The grandmother is in poor health. My daughter would have better educational opportunities where I am and the joy of being with her sisters. They all love each other very much. I am married, and will be working as soon as my 4 year old goes to school this year. I have never violated a court order and have no problem with these people being around my daughter although how often and in what type of setting is appropriate is my question.

    I would perfer supervised visits to prevent any further damage to our relationship. I want all that time that they took away from us to be made up to us and the amount of time it's been she would have to be with me for 4 years worth. The grandma apparently has standing but I was never notified of the living arrangement and do not consent to it.

    Will I win this case or will I be the one who is poorly judged? Her father doesn't want her and I am here and I want her. I always have and always will. Plus I have read that case studies show that mothers provide a more stable home for the child whereas a father usually changes the childs residence. And in moving out of state I have been back to see my daughter and allow my other daughters to see the father. He has no problem with me my parenting or the new visitation.

    He has been agreeable and working with me to insure his relationship is ongoing with her. They do video chats and phone calls. They see each other at least one weekend every other month and the holiday weekends. He is more than welcome to come see her in between that time and has made plans. My daughter has been to the doctors for bladder infections so many times in the grandmas care. The grandma is in and out of the hospital. I just don't feel it is a good long term situation for her.

    Just want all my girls together happy and safe. Doesn't the constitution protect my rights above tge grandmas rights?

  2. #2
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    Default Re: Fighting for Child Custody Against a Grandparent Caregiver

    If the mother was granted guardianship based upon your circumstances, often the guardianship order will provide for how you might terminate the guardianship and regain custody. If this was a third party award of custody as part of your custody case with your ex-, the process is considerably more difficult. Either way, you need to get something filed to at least compel a resumption of visitation.

    We don't know enough about the case to predict how a court might rule. You need to discuss the case in detail with a family lawyer, and should take a copy of the custody order with you to your appointment.

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