QUESTION

Want custody of niece and nephew dad went to jail and mom abandoned them for a yr. on meth kids placed with mom do I have a chance of winning

Asked on Oct 13th, 2019 on Child Custody - Texas
More details to this question:
My brother and his two kids came to stay with me in April 18’. His wife walked out on her family and started taking meth. She did not come back in kids life until May 19’ she saw kids four time between May and August. Then my brother went to jail for drugs and the kids were placed in mom’s custody. I have taking care of the kids off and on throughout their life’s. The mom has not been a good mom. I was wondering if I had a good chance of getting the kids.
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1 ANSWER

Children Attorney serving Fort Worth, TX at The Law Office of Zoe Meigs, P.C.
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As a blood relative of the children, you likely have the right to bring a suit (standing) for custody of the children. You need to file it in the court that made the current orders, if any.  If the Mom has cleaned up and is now taking good care of the children, then you do not have a good chance of getting the kids.  If on the other hand Mom is doing drugs, you have a better chance of getting the kids. You will need to allege and then prove that the children's present circumstances necessitate a court order changing custody because the present circumstances would significantly impair the child's physical health or emotional development.  You should bring the suit as soon as possible.  Standing for blood relatives is given in Texas Family Code Section 102.004.
Answered on Oct 14th, 2019 at 9:02 AM

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