Legal Question in Family Law in Texas

Taking custody of my Brother's Children

I currently have voluntary guardianship of my brother's 3 kids. CPS has already threatneded to take their kids away about 2 years ago, but we came together to clean up their house. Well, since then, things have gotten worse. Mom took the oldest child out of school to homeschool her. Unfortunatly, no schooling was done at home. When I found this out, I told them to let me take the kids for 6 months so that they can get their lives back in order. The both agreed. I went to put the oldest daughter in school, and she had lost a whole year of school. Now, they want the kids back and the house and the living conditions are the same. Nothing has changed and I believe that it is not in the best interest of the children to go back. Seeing as I only have guardianship, what can I do to protect these children? Their mother is unstable. She had the oldest daughter who is 9 doing all the ''care'' for the two younger children. That is why she pulled her out of school. I want the best for these kids, but how can I help them?


Asked on 2/07/08, 4:55 pm

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Taking custody of my Brother's Children

I'm not sure what you mean by voluntary guardianship of the children. If the children have been with you at least 6 months you have standing to seek conservatorship through the family courts. This will keep your brother and sister-in-law from playing ping pong with the children's lives. I suggest you find a good family law attorney in your area or see if there is assistance available through a local legal aid group.

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Answered on 2/07/08, 5:26 pm


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