Legal Question in Family Law in Texas

My sister passed away in a single rollover accident shortly after relocating her biological daughter to my address and signed a paper with the school stating that I would have full rights concerning her daughters needs do to her now residing with me. Cps came to my house a day after we buried my sister, threating to take conservatorship of my niece if someone did not start the adoption process asap. Her mother did not have a current open case with cps , and her mother was the only paternal parent listed on birthcertificate, so cps stated that the reason for conservatorship was due to my niece being up in the air....as far as being able to see the doctor, and me sign permission for any and all emergency consents. I have never had this problem, I recently just took her to the doctor and have not had these issues. Is this possible for removal of my niece, what options are available besides full adoption, and guardianship


Asked on 12/11/14, 10:51 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

CPS can pretty much do whatever they want.

Talk to a family law attorney in your area. You need "conservatorship" of this child. You do not want to ask for guardianship -- similar word but with a totally different set of controls over the adult. Guardianship is expensive and you must report regularly to the judge until the child reaches adulthood - ugh!

If no known bio dad then it will be a publication case of the "unknown father". If you know the possible father, then DNA testing will need to be done. If he's bio dad then he can ask for custody or visitation with the child.

Talk to an attorney immediately. Look on this website and www.avvo.com for help.

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Answered on 12/12/14, 12:35 pm


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