Legal Question in Family Law in Texas

Re: third party change of custody

For the purpose of this question, I am going to assume that the children are in Texas.

There may be a problem with your ability to have standing before the court to request custody of your niece and/or nephew.

The Texas Family Code sets forth a specific list of people who may file a suit affecting the parent-child relationship in Chapter 102. If the children have been with those parents most of the time, I'm not sure you would have standing to file a lawsuit.

If you suspect that the children are in danger, either emotionally, psychologically, or physicially, you should call the Texas Department of Family Protective Services and report the matter to them. They will conduct an investigation and determine whether further action needs to take place. If TDFPS decides the intervene and file a lawsuit (they have standing), then you may file a petition in intervention if you have had "substantial past contact" with the children and appointment of the parents as joint managing conservators would "significantly impair the child[ren]'s physical health or emotional development." Texas Family Code Section 102.004(b).

As you can see, the situation is somewhat complex before you even file the lawsuit. Therefore, if you are to attempt this, I would urge you to retain legal counsel before starting.