Texas Child Custody Legal Questions

Yes. You should be able to get custody. You must allege that the children’s circumstances significantly impair their physical health or emotional well-being. Request that the court order the parents be tested for drugs. Hair or nail test. Before filing suit try first to convince the parents to allow the kids to live with you temporarily. Then when you go to court you have a stronger case for custody. Even without that, however, you should get the children out of that home. ... Read Answer

A notary may be able to notarize the affidavit of relinquishment of parental righs, but that is the only thing a notary may do. Very specific language is required, and a notary is not qualified to advise you about the language in the affidavit.  This is a very technical area and most people require the representation of an attorney to do it correctly.  You will need to return to the court that made the orders in place now, and ask the court to termiante the rights of the mother.  Many courts will not agree to do that unless a step parent is simultaneousy petitioning the court to adopt the child, but I do not know what your court prefers in this regard.  The court makes the ultimate decision whether or not to terminate the mother's parental rights. IF the court does not make that order, then even if mom has signed an agreement, her rights are not termianted and her child support arrearage and obligation remain in place. The child support will not be automatically cancelled. The court order must state that the support obligation is terminated.  If the orders were done with the Office of Attorney General involved, most likely that office must also be involved in the suit and must approve whatever you are attempting to do with respect to the child support arrearage and child support obligation going forward.    ... Read Answer

The father could sign a Non Parent Authorization for Care of Child. The form is at this link: https://texaslawhelp.org/article/authorization-nonparent-care-child It gives his sister authority to care of the child. If the sister has had the child for 6 months or more, she could file a suit affecting parent-child relationship, but that is a much longer process. ... Read Answer

Based on the information you providided, there is no basis for a petition to terminate your parental rights. It's likely that the petition filed is a petition to modify the previous order. He may be asking that the child live with him, but it's not likely that he's asking the court to terminate your parental rights.... Read Answer

You should start by going to CPS and see if they will agree that you completed the safety plan and should now have a possession schedule for your children. If you get CPS on your side, you'll have a better chance at getting a modification. Find out what your status is with CPS before you approach the court. If they will not testify in your favor, you will have a hard time getting a judge to modify whatever order is now in place.... Read Answer

You may not move with the grandchild.  If what was signed was prepared in accordance with Texas law for an Authorization Agreement for a Nonparent Adult Caregiver, the agreement should contain terms regarding how it may be terminated.  If your daughter or the father of the child follow those terms to terminate the agreement, you no longer have rights under the affidavit.  The Authorization Agreement does not give you legal custody of the child.  Even if your daughter does not follow the terms of the agreement regarding terminating the agreement, in my opinion it is clear she no longer agrees to the terms of the agreement and you should act accordingly.  If there are court orders in place regarding your grandson, then the custody terms in  the court orders are in effect. The parents may revoke the consent they gave you when they signed an affidavit, and it sounds like your daughter no longer agrees to the arrangement.  If you want to obtain legal custody of your grandchild, then you must do so through a lawsuit in court. ... Read Answer

You will need to get a court ordered possession schedule by filing for divorce and asking for a possession order.  You should request Temporary Orders and get a hearing set for Temporary Orders.  At the Temporary Order hearing you would either work out a schedule with your wife or, more likely, the court will order a schedule for you to have possession of your children.  Texas has a Standard Possession Order and an expanded Standard Possession Order.  You will have your children more overnights if you choose the expanded Standard Possession Order.  The court will want you to have appropriate living arrangements and beds for the girls.  When the possession schedule is in an order signed by the court, you need to follow it exactly as stated.  Pick up the girls on the day, at the time and place stated in the order.  Then if your wife does not comply you will be able to ask the court to enforce the possession order and hold your wife in contempt of court.  I wish you the best.... Read Answer

Did the court terminate the rights of the mother? Your mother can file for a modification based on the fact that the child has been in the possession of your mother for over 6 months. However, you need to know the status of the mother of the child in case she needs to get notice of the modification.... Read Answer

If this arrangement is truly by agreement, one of you should hire an attorney to draft the terms.   You will still need to convince the judge that such an arrangement is in the best interests of the children.  In addition, you will need to file 2 differenct lawsuits, one of the divorce/custody of the child of the marriage, and a separate one for the other child.... Read Answer

It's not likely that you will be able to get custody of your nephew because the father has the advantage of the parental presumption. In Texas, the parental presumption presumes that a parent will make decisions that are in the best interest of the child. A better course of action may be to work with the father to help the child handle things better. Also, the child may be able to ask the dad to allow him to stay at your house more. How old was your nephew when your sister passed away?... Read Answer

A court determines custody issues so you would have to file either an original suit or a modification of your current order. If you want custody, you will have to prove to the judge that it would be in the best interest of the child to live with you. Also, if your son is over 12, he can let the judge know if he wants to live with you. That's one of the factors a judge considers in determining custody. Depending on what county and court you are in, a judge may order a custody evaluation as well.... Read Answer

Abigail, the other parent must be served to notify him/her of the scheduled hearing. Where to find him? Try his work place, his friends contacts, his social media status, apps,  if all that fails, you can try to hire a private investigator to locate him (this may cost a lot of money ($300/hour) but if you truly can’t find him, on your scheduled hearing ask the judge to serve him by other means and move your case forward that way. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com... Read Answer

Michelle, thank you for posting an explicit situation. If the custodial parent does not agree to amend the current custody agreement, than she will need to prevent evidence as to why she is contesting. If the father requesting more parenting time, the court might grant that unless the mother can demonstrate that this would not be in the good benefit of the child. Your relationship to the child was not clear, which I don't think is relevant either. Anyhow, for what purpose will the father request changes in the custody arrangement and what new circumstances exists at that time will also play a factor. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

Zincere, your father will need to go to court to get permission from court. This way your mother won't have to call the police and the judge will ask you what do u want, with whom do you want to live with. Please have your dad call my office or Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com.... Read Answer

Hey Ashley, you do have rights to have visitation with the child, so you will need to contact a Child Custody Lawyer in Texas to start the litigation process. If baby sitters can get visitations, you can as well as you are a blood relative. Be prepared for attorney fees like $3,500 to $5,500 in the state of texas unless you decide to represent yourself in court. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey but if you decide to represent yourself in court with family law paralegals taking care of the paper-work you can keep your expense at $1,500 or less. Looking forward to hearing from you.... Read Answer