Legal Question in Family Law in Texas
My niece is 25, at the age of 21 she had a child. At the time of birth she was on drugs and the baby tested postive to drugs, she cooperated with the state in rehabilitation but was asked to sign her parential rights over to the babies grandmother during my nieces stay at the rehabilitation facility. So, the baby is still in custody of his grandmother, whom him my opinion is obviously not the best mother as all her 3 boys have been in and out of jail for mostly drugs and theft. This grandmother allows her son to use drugs outside in the yard of her home!!! My niece now has been rehabilitated and been drug free for a little more than 3 years now, but does have a past felony charge against her, is it at all possible that she may be able to restore her custody rights and remove her son from the environment he lives now.
1 Answer from Attorneys
Based on what you have written and assuming that your niece did not voluntarily relinquish her parental rights, the child's mother may always approach the court and request for her children to be returned to her custody. Generally, a prior felony will have some effect but may not be everything. You should consult with a law firm to assist you in this. If my law firm can assist you or your niece with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.
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