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My ex's parents are suing us for custody

I know I don't have much room here, so I'll try to make a long story short. A year and a half ago, my ex husband and i separated. His family is from Texas, mine from Washington, so I moved back to Washington and in to my grandfathers house. My grandfather has a very small home and also suffers from emphysema, so I wasn't able to bring the kids with me. The divorce was finalized in December, so my ex and I decided that I'd drive to Texas to pick the kids up as soon as my six year old was out of school for the summer. My ex currently lives with his parents (as do my three children, his sister and her husband, her four children, and his two parents.. it's a three bedroom house). When his parents found out that the kids were going to be moving to Washington, they filed a suit to change the parent/child relationship and name themselves guardians. I'm currently in Washington... and I don't know what to do!!!

Answer Question

Asked by prinzesstephi at 5:10 AM on May. 23, 2009 in General Parenting

Level 12 (822 Credits)
Answers (4)
  • Grandparents rights (the ability to sue for custody or visitation rights) vary greatly from state to state. MOST states will deny any claims by grandparents when the family is "in tact" that is, married, living independently, not financially dependent on them.

    Unfortunately in your situation (unless the laws in Texas are very liberal), you ARE going to have a battle on your hands, because you are divorced, because your children have not been living with you, and have been living with one set of grandparents and their father, the family courts could argue that the children have bonded and adjusted to their home life--regardless of the number of people living there--as long as it is a healthy and positive environment and no abuse or neglect can be documented--the children are likely to stay where they are--as it's proving to be the most stable environment.


    Answer by LoriKeet at 7:14 AM on May. 23, 2009

  • I get that you have family in another state, but why couldn't you move back to Texas and rent an apartment or small house there, so you can at least be involved in your childrens lives on a daily basis? If you can prove that you have a stable job/income, and can provide the basic necessities for your children, along with child support (should you regain custody of them), I don't see why everyone can get what they want. It is afterall all about what is in the CHILDRENS best interests! Good luck!

    P.S. Here is a good site on parents rights, with message boards you can post/respond specific questions as pertains to your state(s) and situation.


    Answer by LoriKeet at 7:31 AM on May. 23, 2009

  • Get a good attorney or go get your kids, they cannot keep them from you.

    Answer by tyfry7496 at 10:34 AM on May. 23, 2009

  • And you left your kids with your EX ...why? That' is something that they are going to use against you. Good luck with that.

    Answer by Anonymous at 11:01 AM on May. 23, 2009

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