Legal Question in Family Law in Texas

My 10 year old niece has recently moved in to her our home at her step-mom's request. Her real mom died when she was two and her dad is currently in jail for family abuse since October and may get out as early as May 24th. Step mom is seeking possessory managing conservatorship over this child. The child has expressed to us while living here that she does not want to leave our home. She is o.k. with visiting dad, and wants to see her mom....but really want to live with us (her aunt, uncle, and cousin). My concern is that if the step-mom is divorcing spouse and once she is approved is planning to leave the state and may take the child against her wishes. I asked if we could be added as joint conservatorship and she said that was not possible because only she has "standing". Stating tha she has had the child in possession for a mininum of a year and she has only been with during this short time until she can work things out. I am wondering if family does not have any "standing" even though she has not lived with us for one year. The father is definitely not responsible enough to continue raising her and is often volatile with his family. CPS could be called in, however, I do not want the child removed from us either. Any suggestions?


Asked on 3/06/11, 8:29 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

Oddly, if CPS is called in, you might qualify as foster parents because of your blood relationship to the child.

For you to have standing to FILE SUIT, you have to have the child living with your for at least 6 months. As long as your niece lives with you, you can drag this out for that long and THEN file for conservatorship. If she lives with you for at least 6 months, you have a good chance of prevailing.

I would recommend that you consult with a local family law attorney who can take in all your specific facts and give you advice carefully tailored to your situation.

Good luck!!

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Answered on 3/10/11, 9:15 am


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