QUESTION
My brother’s wife died, daughter is with her grandparents and they want custody to go to them for now then to son, I’m an aunt, do I have any rights?
Asked on Apr 25th, 2020 on Child Custody - Texas
More details to this question:
My brother wants me (his sister)to have custody of my niece bc her mother committed suicide. He does not the want the grandparents to have his daughter. They seem to be treating her well, but the grandmother is ill and wants her to settle down with her son that is not married but lives with his girlfriend and his children. He is a uncle, and wants custody. I am her aunt that has some concern about the best place for her. We are a loving and stable home. My question is who has rights to get custody. I know she is doing well with the grandparents but that is short term. I was asked to write a letter about my brother who is a felon and not a fit father, to help grandparents and uncle get custody. My question is will I be giving up my rights to ever see her or possibly adopt? My brother his homeless and hasn’t tried to go get his daughter who is 9, I know he is depressed and is troubled person, so I’m glad he’s not trying to put her in harm by living on the streets. Any advice
1 ANSWER
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You, the maternal uncle and the maternal grandparents all have a right to seek custody. The basis is that you are a blood relative of the child and leaving the child with your brother (the father of the child) will risk significant impairment of the child's physical health or emotional development. This language is found in the Texas Family Code at Section 102.004 (a)(1).
You may have a leg up over the maternal relatives if your brother will consent to you bringing suit to establish custody of the child. That is Section 102.004 (a)(2).
It is possible that you and the grandparents or you and the uncle could all be named conservators of the child, but the court would name one party the managing conservator who has the right to determine the primary residence of the child.
If you think the child would be better off with you, then you should act quickly to bring a suit for conservatorship.
Answered on May 01st, 2020 at 1:29 PM