Anybody in Texas Who Can Help?

[eema.gray]

I need advice from anybody who lives in Texas who is familiar with family court law, especially as regards a baby daddy whose presence in the U.S. may or may not be strictly legal.

I have a step daughter, let's call her Rebecca, who lives north of Houston. She's almost 21 years old. A year and a half ago, she had a baby with a young hispanic man she's known/dated/lived with for several years. We'll call him Jorge. Rebecca has recently realized that Jorge A) is an abusive bastard and B) has no intention of marrying her at this point, despite a great deal of pressure from his momma (Jorge is not even 18 yet, don't ask, I don't know the full story myself). Rebecca has been Type 1 diabetic since the age of 11, I believe. In high school, she received residential treatment for depression. She has since become a strong, independent young lady and just received a promotion to assistant manager at her local Denny's.

That's just the background. Ever since her daughter was born, let's call the little one Delfina, Jorge's parent's have been threatening to sue for full custody of the child. It's gotten much, much worse since Rebecca formally left Jorge a few weeks ago. She's living with friends but Jorge's parents are still Delfina's primary babysitters. I believe most of the pressure is coming from Jorge's mom; the impression we get is that the boy's dad wishes the kid would step up and be a man. As far as we can tell, he's the only one on Rebecca's side in the matter. Rebecca recently asked Jorge to sign an admission of paternity so she can apply to the court for child support. Jorge agreed to sign the document. Unfortunately, now momma is using that document to say that because Jorge is acknowledging he's the father of Delfina, that gives his parents the right to take full custody of her.

The parents say that Rebecca's medical history is unstable, therefore she is an unfit mother, therefore they can have Delfina taken from Rebecca. I don't know how much they know and if their knowledge is accurate. Given that the bearer of such information is almost certainly Jorge, a teenage boy who can't keep it in his pants, there's a good chance he's telling his parents half truths to make himself look better. Making matters worse is the question of residency. Rebecca told us tonight that she doesn't think Jorge has a green card; she knows for sure he's not a naturalized citizen. He may be here by the grace of a work visa granted to his father but we (Rebecca, her dad, and I) don't know.

So, the questions. Exactly what rights does Rebecca have? Does her juvenille medical history have any bearing on her fitness as a parent by the standards of Texas law? Why would Jorge's parents be so obsessed about getting a hold of Delfina and why would Rebecca's medical history be the basis of their certainty they could in fact get the child? If you know statutes, that would help. Rebecca talks with Ranger Daddy regularly about this but I gather she doesn't fully trust his information; probably because we don't live in Texas ourselves at the moment. Anything I can pass on to her would be much appreciated.

[Stickmom]

Jun. 22, 2009 at 12:42 AM

I'm sorry...I am not in Texas but maybe some of the links below may help? I'm sorry there's so much confusion going on, it's sad. Your SD has ALL the rights as the parent (Mother) of the child. But, I wonder if the "Dad" is under 18 won't your SD get into trouble for having a baby with a minor? And, if he is "illegally" in the US...are his parents also? Do you know if they do have a VISA if it's valid? The Grandparents can NOT "take" the baby...if your SD is working and supporting the child in an appropriate environment. Her juvenile record should be sealed. And, unless she is hooking or using drugs...a Judge is not going to take the baby. (Unless she is prosecuted for having sex with an under-aged child)? She should however immediately change "babysitters"...what if they aren't here legally...what if they decide to take the baby and go to another country? Are you in a position to take the child if she needed help? She should contact the Legal Aid Society and ask for some answers and too the local Juvenile and Domestics Court (both linked below). Good Luck!!

http://www.legal-aid.org/en/home.aspx

http://www.courtreference.com/Texas-Courts.htm

http://www.legalhelpinntx.com/law_office/topics/index.html

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm

http://family.findlaw.com/divorce/state-divorce-laws/texas-divorce-law.html

http://law.findlaw.com/state-laws/child-custody/texas/

[eema.gray]

Jun. 22, 2009 at 12:55 AM We've made multiple offers to help her get a fresh start where we live. She's thinking about it but wants to try and find resolution down there first.
I'm not sure about the whole major/minor thing in regard to his age; actually, you're the first person whose said anything about that aspect. My husband's a cop so I'll bring that up to him when he gets home tomorrow. She's not on illegal drugs. She has an insulin pump to control her diabetes and hasn't needed anti depressants in several years. We've talked about the fact that "Jorge" or his parents could just up and leave for Mexico with the little one and my husband has made it clear that Mexico views child custody very differently from this country. I think the grandparents are the babysitters in part because she thinks she can't afford other child care. But I just realized tonight she can probably get "tuition assitance" from the state to help pay for day care. My sister makes way more than Rebecca does and is able to get assistence for her day care bill.

(Original Poster)