Legal Question in Family Law in Texas
I currently reside in Colorado and my neice (age 16) currently resides in Wilson Co, TX with her paternal grandmother who is her legal guardian. My neice now wishes to come live with my husband and I in Adams Co, CO. I don't expect any resistance from her grandmother on this issue. My question is, under which court would I need to file a petition and what forms would be required to file the petition? Can a citizen file a petition with the court or does this need to be filed by an attorney? Please let me know as my neice desperately wants out of her home situation. Thank you.
1 Answer from Attorneys
If a court granted grandmother guardianship of the child, you need to file with that court. If that has not occurred you need to go to a court in the county where the child lives that has jurisdiction over guardianships. Since the child resides in Wilson County, you would need to go there. The name of the court with jurisdiction over guardianships varies in Texas. In some counties there is a statutory Probate Court. Others have a county court at law with probate jurisdiction. Some small counties use the constitutional county court for these matters. The best way to get an answer is to call the courthouse, ask for the probate section and ask for the name of the court that handles guardianships.
You need an attorney for this matter. Guardianship matters are complex, especially where the case, like this one, will probably have to be transferred to another state.
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