Legal Question in Family Law in Texas
My husband and I want to get custody of my sister in law. She is 12 (13 in December) and has expressed to us many times that she wants t live with us because she feels safer with us. There is verbal threats to her from her other brother about him hitting her and also from her father. There is also alot of fighting going on between her mother and her father, the cops have been called because of the fighting. My sister in law is just scared about what would happen if her parents found out she has told us what has been going on. What can We do?
1 Answer from Attorneys
You may have a problem with STANDING; I'd need to know more about the specifics of your situation. You need to read a recent Supreme court case called Troxel vs. Granville (530 U.S. 57), and this section of the Texas Family Code:
� 102.003. GENERAL STANDING TO FILE SUIT. (a) An
original suit may be filed at any time by:
(1) a parent of the child;
(2) the child through a representative authorized by
the court;
(3) a custodian or person having the right of
visitation with or access to the child appointed by an order of a
court of another state or country;
(4) a guardian of the person or of the estate of the
child;
(5) a governmental entity;
(6) an authorized agency;
(7) a licensed child placing agency;
(8) a man alleging himself to be the father of a child
filing in accordance with Chapter 160, subject to the limitations
of that chapter, but not otherwise;
(9) a person, other than a foster parent, who has had
actual care, control, and possession of the child for at least six
months ending not more than 90 days preceding the date of the filing
of the petition;
(10) a person designated as the managing conservator
in a revoked or unrevoked affidavit of relinquishment under Chapter
161 or to whom consent to adoption has been given in writing under
Chapter 162;
(11) a person with whom the child and the child's
guardian, managing conservator, or parent have resided for at least
six months ending not more than 90 days preceding the date of the
filing of the petition if the child's guardian, managing
conservator, or parent is deceased at the time of the filing of the
petition;
(12) a person who is the foster parent of a child
placed by the Department of Protective and Regulatory Services in
the person's home for at least 12 months ending not more than 90
days preceding the date of the filing of the petition;
(13) a person who is a relative of the child within the
third degree by consanguinity, as determined by Chapter 573,
Government Code, if the child's parents are deceased at the time of
the filing of the petition; or
(14) a person who has been named as a prospective
adoptive parent of a child by a pregnant woman or the parent of the
child, in a verified written statement to confer standing executed
under Section 102.0035, regardless of whether the child has been
born.