Legal Question in Family Law in Texas
My step son wants to sign over his rights to his child to me and his mother. She is bi-polar and he said he is tired of dealing with her. She has run away from home and taken an overdose of pills because she is not happy living with him and his new wife. They are both verbally abusive to her. We have temporary custody for 7 days and want to raise her but are both retired and living on a fixed income. The father don't want to support her in any way. We can't afford a lawyer and can't afford the doctors or medication that she has to take. How do we go about getting custody of her and is there any help we can get for her doctors and medication? The people at the hospital said we could get her on disability on my social security after he signs her over and she will have Medicare and Medicaid but is this true. We only have six more days to get all of this settled. What will happen if we can't get it settled before our 7 days are up?
Thank you
Ben Wilson
1 Answer from Attorneys
You need to meet with an attorney in person. Look on this website & www.avvo.com for a family law attorney.
I will attempt to address some of your questions.
1. He add you as an additional "conservator" of the child. You would have the right to establish the child's residence and claim her on your taxes.
2. I suspect that the judge will order him to maintain her on health insurance and the parents (mom and dad) would pay 100% of the medical out-of-pocket costs. Grandparents are not expected to support their grandchildren. In the State of Texas, parents are expected under the TX Family Code to support their children.
3. Mom and Dad would also be ordered to pay child support until she graduates from high school or turns 18 - whichever is later. If the child is disabled and can never support herself, you would need to have the child support extended past the usual age of 18 or high school. In Texas, parents can be ordered to pay child support for the entire child's life if the child cannot ever be expected to support herself.
4. You need to find the money for an attorney. You desperately need help. You obviously do not understand Texas law. The father is attempting to manipulate you. You need a tough smart attorney to help you. I cannot tell where you live. If it is around San Antonio, call Attorney Clint Lawson. Tell him that I sent you. He is an excellent attorney.
I hope this helps.
www.familylaw4u.com
713-847-6000
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