My sister passed away. She and my nephew were going to move with me a few weeks before she passed. She told me she wanted me to take him if anything happenend. Well, she passed and his dad said that he would watch him while i got a 2 br apt. When i called him to let him k ow i was comimg to get him, he told me he wasnt giving my nephew to me. Well, he is 15 now..failing in school , not happy and tells me he wants to come live with me. I need help because id like to get custody if possible. Im in Texas
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?
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