Legal Question in Family Law in Texas
My niece has been living with me and my wife for 6 months now, we pay for everything other than insurance which is carried by her dad(but not biological father), but he threatens to drop it all the time. She wants to live with us and does not wish to live with him or her mother. Her mother goes out every night, does not feed them properly, or treat her very well. It's my sister and is best described as a teenager that has not grown up. Her mom is telling her that she wants her to move back in with her and she has no choice. She is 14yrs old. My question is, can she choose where she wants to live even though, we are not her legal guardian? And if not, how do we become her legal guardian?
2 Answers from Attorneys
After 6 months, a non-parent can petition the court for conservatorship of a child when the child's parent has voluntarily relinquished the child into the custody of that non-parent. Moreover, beginning at the age of 12, the child has the right to discuss their preferences with the judge (behind closed doors, NOT on the witness stand). I'd suggest you or your wife get in touch with a good family law attorney so that your neice isn't forced back into a home where she is not wanted or cared for.
Good luck - and thanks for opening up your doors to help out your sister's daughter. Not many folks would do that.
Look on this website and on www.avvo.com for a good attorney. Both sites let people post free questions and you can read attorney answers. You can get a "feel" for an attorney before hiring them.
Also, don't use the term "guardian" in Texas. We use the term primary conservator. You don't want to be her guardian in Texas -- it's much more expensive. You want to be in "family court" in the State of Texas.
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