Will judge give child to grandmother in temporary hearing if i live in another state and only seen child twice?

Asked about 3 years ago - El Paso, TX

Mother of my 2 1/2 year old daughter lied to me for 2 years and didnt tell me about my daughter. After filing for child support (with backpay) she is refusing to let me see my daughter. I recently found out that the mother is in an abusive relationship with a man & there are police reports and text messages from her to prove it. I want custody of my daughter but I am concerned that a judge will allow my daughter to stay with her grandmother if she ask when I file for temporary custody because i live in another state and only seen child twice. The grandmother helps her daughter not let me see my kid and i am scared she will continue to do so.

Attorney answers (3)

  1. Thomas James Daley

    Pro

    Contributor Level 18

    Answered . The court can only award custody to a party before the court. That means that if the lawsuit is only between you and the child's mother, the court must chose between the two of you. Now, the grandmother could intervene and ask for temporary conservatorship, but unless she does that, it would not be proper for the court to award temporary custody to the grandmother.

    Temporary orders, for the most part, cannot be appealed, therefore we sometimes see some strange things ordered on a temporary basis even when a court would not make that same order on a final basis.

    I would strongly urge you to hire an attorney. Child custody cases are complicated battles and if you are in another state, you've added an entirely new level of complication to the matter. (Also, the judge is not likely to enter a TO sending the child out of state.)

    Good luck!!

  2. Christopher Jay Harding

    Contributor Level 15

    Answered . I agree with the first answer... have you considered moving back to Texas? It would certainly give you better standing to argue for possession and custody.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more
  3. Dana Joseph Stewart

    Contributor Level 10

    Answered . The answers above contain good advice. FYI - There are professionals that assist families in reunification. If you are going to try to get custody of your child, it would be wise to utilize a counselor that has experience in this area as your child will certainly need time to adjust to things. There's a good chance that the court would order this type of counseling as well. Best of luck.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more

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