Legal Question in Family Law in Texas

Our niece (husband's sister's child) was placed with us in December 2009 by CPS. The mother is addicted to prescription pain meds and used throughout the pregnancy. We had the family group conference/meeting and CPS has now closed the case. The mother has not followed through with any of the plans. She has not been through rehab and is still using. The father is in the Army and is currently in Germany. He is in constant contact with the mother still. My husband has spoken with him just once. He stated he did want his daughter. That's the only contact we have ever had with him...no calls, no support. The mother buys something to help every now and then when we force our hand. What is the chance that a judge would give us some form of custody? What form of custody should we try to get? Should we just try to get guardianship?


Asked on 8/11/10, 9:42 am

2 Answers from Attorneys

Under Texas law, a non-parent may petition the court to legally establish their custodial rights over a child (including the right to receive child support) when that non-parent has had physical possession of the child for 6 months or longer. It would appear that you meet this burden and, more importantly, that establishing orders that allow for your niece to remain in your custody will protect her from harm.

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Answered on 8/16/10, 10:05 am
Bob Leonard Bob Leonard Law Group, PLLC

I'm not sure that I can tell from your letter that you still have possession of the child. If so, and if CPS has closed the case, then you should establish a conservatorship immediately. Until you do, then you have no legal rights to the child. Call an experienced family law attorney to help you. We have attorneys in our office that practice in surrounding counties. If we can help you, call (817) 336-8500 and ask for Bill or Bob.

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Answered on 8/16/10, 11:06 am


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