Legal Question in Family Law in Texas
What steps do I talk for getting some kind of guardianship for my nephew whom lives in a different state. I am from California, my younger sister just had a baby she is diagnosed schizoaffective. Well she left my nephew with my older sister where they where both living. She and m nephew where supposed to come live with my family but she wants me to just get my nephew and she leaves. And now she is back on drugs and no one can find her my older sister really wants to take care of my nephew but we talked and it would be best if he came to live with us in Texas. So I am going to pick him up. I am nervous because I know there are laws in both states and I don't want to go to jail for kidnap. My sister says for us to file a short term guardian power of attorney. Will this be okay for a while and than can I file for custody after I have him for a period of time. His mother my younger sister can come to Texas anytime she wants I want to help her get better but she not herself, and we cant seem to get a hold of her. What are my options.
1 Answer from Attorneys
In Texas, we don't use the term guardianship. That is for probate court and you don't want to be under the continuing control of a probate court - time consuming and expensive.
You want to be in family court and have primary conservatorship of the child.
I don't practice outside of Texas and since the child is a resident of anther state you need to start with an attorney in that state. Many have some form of power of attorney for mom to sign to give you rights to take the child to the doctor, etc.
Also, the father would have to be notified regarding any lawsuits regarding this child.
Look on this website and on www.avvo.com for an attorney.
713-847-6000
www.familylaw4u.com
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