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How do I appointment guardianship to a family member in Texas, where my child will be for a few months, if she was born in CA

Spring Valley, CA |

I am in the Military and will be going on deployment soon. The father and I have shared custody. He is supposed to come see her every other weekend, but has yet to do so. She is 9 months and he has seen her once for an hour. When i go deployment i want my family in Texas to take care of her. Our custody agreement is based here in California. Will he be able to take her if he wanted?

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Attorney answers 3

Posted

Theoretically you should go to court and seek an order allowing you to place her with your family in Texas, as she has lived here within the last six months. Do you really think as a single parent who has shown little or no interest, that he would oppose it? Does he want to take care of a nine month old?

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

Posted

Difficult to get a guardianship in Texas with the child here and a custody order already here in place. You really need to get in contact with a local family law attorney to discuss ALL the facts. Good luck!

Posted

My colleagues are correct. Your best bet is to consult with a local family law lawyer to explore your particular circumstances and provide you with fact specific direction.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

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