Legal Question in Family Law in Texas
Custody of Niece
Where do we go to obtain information on how to obtain custody of our 14 year old niece who resides in NY. We are currently residing in Texas because my spouse is in the military. My brother and sister-in-law have in the past signed custody over to the maternal grandmother. She (the grandmother) is in agreement and willing to give us custody and let us raise her. What do we need to do and what state do we need to do this in.
2 Answers from Attorneys
Re: Custody of Niece
In addition to filing in New York, you can also obtain custody in Texas if the parents and the grandmother cooperate. First, have the child come live in Texas pursuant to everyone's agreement. Only problem is that you will not have any order initially. Once the child has lived here, all parties can consent to the jurisdiction of the Texas courts by filing waivers with the court here. The New York judgment would have to be registered here and then you file a motion to modify. If you were not a party to the action before, you would have to actually possesion of the child for six months first. Then file a motion to modify in Texas, seeking to modify the New York case. If everyone continues to cooperate you should obtain custody of the child.
Good Luck.
Re: Custody of Niece
The grandmother probably obtained custody through a New York court that has continuing jurisdiction over the child. If so, You will have to file in New York. Without knowing all the facts, the big question is whether the court will allow all of this to happen
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
