Legal Question in Family Law in Texas

My brother is currently enlisted in the military and just had a child. He is due to leave again for his deployment and is leaving his son behind with his wife. His wife is currently in the middle of a CPS battle with her 1st child from another relationship and has already expressed more than once that she doesnt want this child and that she just wants her daughter whom comes to visit every 2 weeks as she is fighting to get her back. My brother is concerned that his son will be neglected, taken away or that she will try and give him to someone else to care for. My brother has expressed that in the event of his absence that his son needs another guardian or is being neglected or if his wife chooses to give him up that his son go to me and my husband until he returns from his deployment and would like some kind of materials stating this. How would I go about getting the right things in order to ensure that this happens if the time comes?


Asked on 10/26/11, 7:43 am

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

You have no ability to do anything. You do not have what we call "standing" which is an interest in the case sufficient to make you a party to it. This is a legal interest according to the Texas Family Code and has nothing to do with your level of interest in the your nephew.

Your brother, if he wants, can file for divorce. During and after the divorce action, the judge will decide who has what rights. If the wife has serious issues (and her CPS involvement indicates that she does) your brother can try to get you appointed as a conservator. Beware though, with CPS involvement, you might find the child with a non-relative for a time until this gets sorted out.

Obviously, his deployment complicates things.

Read more
Answered on 10/26/11, 9:14 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas