Legal Question in Family Law in Texas
Custody of my niece?
Me and my sister are 1 year apart. Last January she had a little baby girl and didnt want her. She fought a battle with drugs and a month later decided to drop the baby off at my house. The father of the baby was in and out of her life, kept her a night or two every now and then but couldnt provide for her bc of drugs also and lack of a job and house and car.7 months later they came back and wanted her back. I gave her back 4 months went buy and they wouldnt let me see her. Now they are back here with no job, no house, no car and again cant provide for the child. They wont let me take her again bc they want the income tax money which is no concern to me. The child turned a year old yesterday and my sister was no where to be found bc she again is off on drugs. The father has no house no car and job and he drops her off at random peoples houses everyday so they can provide for the kid bc he would rather buy cocaine then diapers. The temperture here is 35 degrees and when i seen the baby she had on a dress, hightop walking shoes and no coat. Im finiatlly stable and they arnt if i take this to court is there a chance i will get custody.?
2 Answers from Attorneys
Re: Custody of my niece?
Take possession of the child, file a Suit Affecting Parent Child Relationship and a Temporary Restraining Order. If you don't know how to do this, hire an attorney. Otherwise the child may or may not see another year. CPS might help you with this, but that is not certain nor is it certain that you would get permanent custody. Or you could get full parental rights. Not easy. Good Luck.
Re: Custody of my niece?
As a close relative who sees a danger to the child, you may have grounds to file for custody even though you haven't had possession of the child recently enough to qualify otherwise. Go find the best family law attorney you can afford. Good luck!
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