Legal Question in Family Law in Texas

child custody

My 14 year old niece lives with an emotionally abusive alcholic mother, who is currently going through a divorce with her current husband (niece's step dad). He's fighting for custody of his son. He may or may not win as he has been abusive to the mom. My niece doesn't want to live with her mom, and is hoping the stepdad will win, as this will prove the unfit status for her mom...trouble is, her dad is also an alcholic who owes back child support. Nice family, huh? My niece is currently staying with her grandparents...very stable and refuses to leave her nice stable home. What do we do. Child Protective Services have been called out numerous times and have done nothing. My niece is talking about running away. Who do we call. The courts are talking about parenting classes and child advocacy...will they speak with my niece privately? We do not know what to do. My niece wants to know at what age can she divorce her parents. Is this possible.? She is a bright girl with a hopeful future

despite her dysfunctional family.


Asked on 4/21/08, 9:02 pm

2 Answers from Attorneys
Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: child custody

I see what you mean; this is quite a mess.

The grandparents have standing to initiate a suit for managing conservatorship if "the child's present circumstances would significantly impair the child's physical health or emotional development" TX Family Code Section 102.004.

They might be able to pull this off, but it won't be easy. It's tricky and it's not a do-it-yourself type of case.

It can't hurt to get a consultation with a family law attorney in the area, then you will have more information on which you can plan your best course of action.

Best wishes to your family and this child.

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Answered on 4/21/08, 9:22 pm
Fran Brochstein Attorney & Mediator

Re: child custody

CPS won't intervene since she is currently in a safe environment.

If the grandparents don't have an attorney, they need to consult with one immediately.

Some courts do talk to the child in chambers.

Many courts appoint amicus attorneys to represent the child's interests. It really depends on the county and the resource of the parents since they have to pay for it.

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Answered on 4/22/08, 1:05 am


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