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Wilby64

Grandmother in Texas wont give son back to his mother in ohio

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My daughter, who lives in Ohio, sent her son to Texas to visit with his grandmother and step-grandfather for two weeks. They never brought him back. Keep in mind that this was in November, 2018. Evertime my daughter asked for his return,  they always said they couldn't afford to, but if she wanted to come get him, she could.  So this being the case, my Fiance and I took time off from work to take my daughter to Texas to get her son. $3,000.00  dollars and a week later. We came back empty handed. We went through 2 sherrifs department  and a Texas ranger, (who says his hands are tied), called FBI, and even law enforcement agencies in Ohio. My daughter has never been in any court nor served with any papers of any kind. How might I ask, is this not kidnapping/abduction. My daughter's mother stopped communicating with her when she found out she was there to get her son. Law enforcement in Texas will not look at this on a criminal level and is basically giving a child to a grandparent, when grandparents in Texas have no "custodial rights". What can we do to get this 4 yrs old child back where he rightfully belongs?

Edited by Wilby64
Omitted extra word

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It's not that no one on this site wants to touch the issue.  But, you posted your original question only four hours ago and suggested we weren't interested an hour ago.  The folks who post here are not employees or even volunteers.  And, we don't give legal advice.  But it is pretty obvious that the mother has to hire an attorney to file for custody in Ohio so she has legal documentation of her custody.

 

I am sure questions will arise, such as: why did she wait seven months to takes action, and where is the father in all this.

 

 

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I agree with you with most. She never lost custody. So does that mean birth certificate social security card school records (pre k) are no good? She had been trying to get him back for several months. And at the beginning of may I  took her to Texas myself and her mother refuses to give him back and went so far as to tell her to quit calling,texting etc... just wanting to what legal recourse is out there 

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Update:  My daughter's mother has stalled my daughter long enough to file for termineation of parental rights in order to adopt the son of my daughter does anybody know how I can  Counter that maybe as in a counter file

Edited by Wilby64
Corrected words

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Termination of parental rights will require a court hearing and notice to both parents if adoption is planned.  YOUR DAUGHTER should immediately hire an attorney  You have no standing to do anything except, possibly, loan your daughter the money for her legal fees.  An attorney should be able to get the matter moved back to Ohio if that is where the child was raised.

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2 hours ago, Wilby64 said:

I am guessing nobody wants to touch this subject

 

You posted in the middle of the night (shortly after 2:00 a.m. Pacific time).  Were you expecting folks to leap into action?  It's a message board.  Be patient.

 

 

6 hours ago, Wilby64 said:

How might I ask, is this not kidnapping/abduction.

 

We're in no position to explain to you why the local authorities in Texas won't take action, but it's neither of the things you mentioned because your daughter sent the child to the grandparents voluntarily.

 

 

6 hours ago, Wilby64 said:

What can we do to get this 4 yrs old child back where he rightfully belongs?

 

Your daughter needs to retain the services of an attorney in Texas to file appropriate legal proceedings to get the child back.  Should have done this within weeks after the child was due home, and the longer she allows this situation to exist, the worse it will become.

 

 

1 hour ago, RetiredinVA said:

it is pretty obvious that the mother has to hire an attorney to file for custody in Ohio so she has legal documentation of her custody.

 

I disagree.  Any legal proceedings need to happen in Texas where the child is (at least in the absence of some explanation of the current status regarding custody of the child, including what's going on with the child's father).

 

 

1 hour ago, Wilby64 said:

So in a nutshell, anybody can grab a child and keep them And make the paternal parent go to court to prove they have custody is that how it works?

 

Paternal parent?  You mean the father?  In any event, no one wrote anything like this.  No one "grabbed" your grandchild.  You told us that your daughter willingly allowed the child to go to the other grandparents in another state -- apparently without making any provision for the child's return.  Again, we don't know why law enforcement in Texas won't take action.  However, since they're not taking action, your daughter's recourse is obvious.  The lawyer in Texas can advise her on the specific action she should take.

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I appreciate all the feedback I really do!! She will have an attorney in a week or two  And I'm trying really hard to be as patient as I possibly can And I apologize if I came off wrong to anybody. One last question if anybody has an answer for this what can I do as a grandfatherTo protect my visitation rights with my grandson?

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In Ohio, grandparents have limited visitation rights.  According to the findlaw summary of grandparent visitation rights:

 

In Ohio: A court may grant visitation rights if the child's parents are deceased, divorced, separated, were parties to a suit for annulment or child support, or were never married to one another. Grandparents must show they have an interest in the child's welfare.

Adoption cuts off the visitation rights of grandparents unless adoption is granted to a stepparent.

 

In Texas: The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include a determination that one of the child's parents is deceased, incompetent, incarcerated, or has had his or her parental rights terminated.

Visitation may also be awarded if the parents are divorced, the child has been abused or neglected, the child has been adjudicated a delinquent or in need of supervision, or the child has lived with the grandparent for at least six months within 24 months of the filing of the petition for visitation.

Adoption cuts off the visitation rights of the grandparent unless the adoption is granted to a stepparent.

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