Legal Question in Family Law in Texas

Child Custody How To

My mother currently has my nephew living with her and he has for 2 years; she has nothing stating she's his legal guardian but she does provide for him 100% and she has claimed him as a dependant on her tax return. My sister doesn't want the child, he's 17 now but we need custody so we can file for financial aid for college. How do we do that without an attorney?


Asked on 6/21/02, 9:42 am

1 Answer from Attorneys

Bradford Downs Bradford K. Downs, Jr. Attorney at Law

Re: Child Custody How To

You first need to find out if it will be sufficient for your mother to be appointed his legal guardian rather than get custody. Either way you will need the consent from the mother and father of the child, if known. There is a lot of detailed steps that must be followed and it would be very difficult to get either done without the assistance of an attorney. Guardianship would be done through the probate court and legal conservatorship would be done through the family law courts. Depending on which county, you may be able to get some assistance from your court clerk.

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Answered on 6/21/02, 10:27 am


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