Legal Question in Family Law in Texas

Child custody

My friend has a handicapped husband with a daughter who is 14 years old. The mother disappeared years ago. Her father has custody. The child has been treated badly and moved from place to place. She is extraordinarily unhappy and having trouble in school etc. She lived with me for almost 3years with her parents and would like to come back. Does she have a choice? At what age would she have a choice? And what rights if any do I even have to try to let her come live with me?


Asked on 11/05/02, 6:26 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Child custody

More facts are needed to evaluate this matter. The way that your post reads, it appears that your friend and her husband are the ones treating the child badly. I assume that is not the case.

If the mother has literally disappeared and the father has no idea of how to contact her, then he may be able to terminate her parental rights in the child due to abandonment or failure to support. (He may be able to do that even if he knows where she is).

You may not have standing to bring a suit concerning the child unless she lived with you during the last 90 days. You did not tell how long ago it was, but I assume that it was longer than that.

If the child is in a dangerous situation or if she has been abused or neglected, then Child Protective Services could investigate and, if circumstances warrant, remove the child from her home. At that time, if is possible that she could be placed with you temporarily until things are sorted out. Of course, if the father were to voluntarily let you have possession of the child for six months then you might regain standing to file a suit yourself.

All of this is very complicated and you need to talk to an attorney and give him or her complete details. You can call my office at (817) 336-8500 for an appointment if you believe that I could be of assistance.

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Answered on 11/06/02, 11:56 am


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