Need Help With Custody-What chance does my son have to keep his son?

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Grandma1

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Place: Travis County, Texas
As a grandmother I am very concerned, I would like to know what chance my son has in keeping his son?
Son had babys mother living with him and her other son from a previous marriage, they were ingaged but called it off because of parenting issues on her part, My son's son was born July of 2007 and has lived in my sons home with him sence birth/and before. Mother of the baby decides she wants to leave, my son tells her not she isn't leaving with his son, they argue, poliece were called by babies mother, the poliece came and invistigated, told her they could not take the baby from my son and she didn't have to leave if she didn't want to, she left right then and moved to another town about 200 miles away back to her x husband. My son tried to contact her to set up visitation and she would not return his call or answer his call. He has the baby and is unsure what to do about custody and filing.
The reason I am concerned about the custody is the fact that my son is on parole and has been for several years, he will be off parole Dec 2008 and has not gotten into any trouble at all sence he has been on parole and has drug testing once a month and has never failed any.
The poliece after invistigating are telling him he needs to file for soul custody with supervised visitation for her with the baby, can anyone help me with this so we know what to do?
 
Not legal advice:

First of all, your son has a constitutional right to shared custody.

Parole and the time he did in the past should not come into play unless it was a sex crime, violent crime. But, from what you have posted, he was on parole befor your grandson was born, he has been a good boy, and this should actually help him out. Shows the court maturity and responsibility.

IT's good that the po-lice are keeping out of it. They won't be much good exept for documenting things. The po-lice are not father friendly.

Your son needs to document everything from here on out. He will have to file a petition for custody, along with a parenting plan. I have an great parenting plan I can email you if you like. I used it in my case.

This really doesn't look that bad for your son. Actually, it looks pretty darn sweet to me. (Other than not being able to see his child)

One positive I see, and you will have to find the law's in Texas, is she left the home on her on free will, and took the child. This doesn't look good for her. Let me provide a few quotes from cases. These cases will work in all fifty states.

Arguments that Joint Custody constitutes a "fundamental right." BECK V. BECK, 86 N.J. 480, see also 23 Ariz. Law Review 785

A child has an equal right to be raised by the father, and must be awarded to the father if he is the better parent, or mother is not interested. STANLEY V. ILLINOIS, 405 US 645 (1972)

Visitation (parenting time) is a constitutionally protected right which can be protected in federal court, even if father is in prison. MABRA V. SCHMIDT, 356 F.Supp. 620

Mother cannot take child out of state if that prevents "meaningful" relationship between father and child. WEISS V. WEISS, 436 NYS 2d 862, 52 NY 2d 170 (1981) See also:
DAGHIR V. DAGHIR, 82 AD 2d 191 (NY 1981)
MUNFORD V. SHAW, 84 A.D. 2d 810, 444 NYS 2d 137 (1981)
SIPOS V. SIPOS, 73 AD 2d 1055, 425 NYS 2d 414 (1980)

Custody can be changed if visitation is denied. ENTWISTLE V. ENTWISTLE, 402 NYS 2d 213
PRIEBE V. PRIEBE, 81 AD2d 746, 438, NYS 2d 413 (1981)
STRAHL V. STRAHL, 66 AD 2d 571, 414 NYS 2d 184 (1979)
O'SHEA V. BRENNAN, 88 Misc.2d 233, 387 NYS 2d 212 (1976)
 
Your son should get an attorney. Until there is an actual custody order either parent has rights to the child, but yes he needs to file for custody.
 
Confusion over first post???

If I did not stat in my first post that my son has the baby...the baby is living with him...the mother left after my son and her got into an arguement about her trying to leave and take the baby with her and went somewhere else and called the poleice and the returned with the poleice to try and get the baby...the poleice told her they couldn't take the baby from my son and give him to her to take off with or they could get into trouble and after seeing what was truley going on they are on my sons side and told him he did the right thing by not letting her take the baby and on his past conviction which he is still on parole over which I believe happened back in the mid to late 90's
it was a violent conviction he was conviceted of aggrivated robbery but sence he has been out he has colplied with all the parole rules and passed all of his drug tests and owns his own home now and is buying his vehical he doesen't have a permenent paycheck job but he works odd and end jobs as laborer and also works here on our hourse ranch to pay for his lot rent for his moble home. I just wanted to clairfy some things I thought I might have left out of the origional post. I appriciate any help and thank everyone in advance
A Concerned Grandma
 
Grandma1 said:
If I did not stat in my first post that my son has the baby...the baby is living with him...the mother left after my son and her got into an arguement about her trying to leave and take the baby with her and went somewhere else and called the poleice and the returned with the poleice to try and get the baby...the poleice told her they couldn't take the baby from my son and give him to her to take off with or they could get into trouble and after seeing what was truley going on they are on my sons side and told him he did the right thing by not letting her take the baby and on his past conviction which he is still on parole over which I believe happened back in the mid to late 90's
it was a violent conviction he was conviceted of aggrivated robbery but sence he has been out he has colplied with all the parole rules and passed all of his drug tests and owns his own home now and is buying his vehical he doesen't have a permenent paycheck job but he works odd and end jobs as laborer and also works here on our hourse ranch to pay for his lot rent for his moble home. I just wanted to clairfy some things I thought I might have left out of the origional post. I appriciate any help and thank everyone in advance
A Concerned Grandma
Click to expand...

I didn't read that right, sorry. I thought mom had the baby. That's better yet.
 
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