Legal Question in Family Law in Texas

My sister is being faced with having her 21 year old disabled (forever child?) taken away from her. Claim is that she is an unfit mother because of her lifestyle. She has raised this child since the time it was born, 21 years ago. She is terrified of this happening. If it matters she lives in the state of Texas. Can this legally be done now?

Thank you so very much for your time and attention to this question. I have researched this but not been able to come up with anything at all.

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Asked on 5/05/11, 9:39 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

It can be done. What I can't tell from your question is precisely what lifestyle choices are being used as the grounds for her being "unfit." Some lifestyle choices may be somewhat at variance with the norms of the broader society yet not be relevant to her ability and track record of caring for her child. Some are relevant.

She will need an attorney. These kinds of cases are very complicated and depending on who is suing her for removal (the father, the state, someone else?), they may have tremendous resources available to them and to fight unrepresented is a tough chore. And, most self-represented litigants lose.

I'm sorry she is going through this horrible experience.

Good luck to her (and happy Mother's Day!!)

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Answered on 5/06/11, 12:24 pm


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