Legal Question in Family Law in Texas

I have a 15 yr old son, and his mom pasted away 2 months ago. He lived with her and his 30 yr old half brother at the time. I have always been in his life and we went to church weekly, dince the divorce. The brother says he has power of attorney and guardianship but I do not believe the guardainship. I work, he doesnt, and he took him to the hospital and acted as his legal guardian, and made medical decisions without my knowledge or permission. What are my options? I want him and half sister to understand they do not have any rights, correct? We live in

Texas. Thank you for any help.


Asked on 8/10/11, 8:49 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

If he has guardianship, there will be a court record of it. Go to the PROBATE court and ask them whether there have been guardianship proceedings involving your son. That will solve that mystery.

If there is no guardianship, you can file an original suit affecting the parent-child relationship and ask the court to appoint you as the sole managing conservator of your son. The law heavily favors biological parents in this respect. Just know that anyone he has been living with for the past 6 months will have standing to intervene and also ask for conservatorship. Since your son is over the age of 12, if you file a motion asking the court to interview the child in chambers, the court will do it and ask the child where he would rather live.

If there is a guardianship, you need to hire an attorney to review the pleadings and the final order establishing guardianship. Perhaps you can get it rescinded, but you will need to talk to an attorney face-to-face to figure that out.

Are there any orders in place between you and child now? For example, are you on child support through the AG's office? If so, you can probably just go grab your son and bring him home and wait for the other folks to file a lawsuit. BEFORE you do that, please take any paperwork you have to a local family law attorney and let them read it so you don't run the risk of criminal charges.

If you don't think you can afford an attorney, contact your local Legal Aid office or the Texas Legal Services Center (www.tlsc.org).

Good luck!!

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Answered on 8/11/11, 8:43 am


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