Legal Question in Family Law in Texas

My sister passed away in Pennsylvania leaving a 7 yr old son. We live in Texas and are attempting to get custody. The following are the facts:
1. Child was born in Texas
2. Birth Certificate has Father listed as unknown.
3. We have talked to the known father (who lives in Texas) and he has stated he does not want custody and will sign whatever is needed to help us get custody.
4. My sister lived with a boyfriend in Pennsylvania with child but her husband (they are separated) lives in Florida; He is also not seeking any rights to child.
5. Child is currently in Pennsylvania while all his family is in Texas.
How do I get him here legally?

Asked on 5/12/11, 9:35 am

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

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This is not an easy question. Did your sister and her son actually live in Pennsylvania? If so, for how long? Did they live anywhere else between Texas and Pennsylvania? Who else might make a claim for the child and what is his or her relationship.

Assuming that you can get a Texas court to hear the case, your will likely need a DNA test from the father to prove his paternity and a relinquishment of parental rights if he is the father.

You should talk to a family law attorney immediately to see where you are. Good luck.

Answered on 5/12/11, 10:50 am

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