Legal Question in Family Law in Texas

i am thirteen years old. i have lived in the state of texas for almost three years now. i lived with my mom, and her boyfriend. they are not suitable parents. they scream all night, yell, drink constantally. last summer i got taken by cps. its just bad. i never got to school when i stayed home. so i stayed with friends and my aunt who lives in the same town. who got me and her kids to school. my dad always lived out of state . and never payed child support. and at the beggining of this summer my mom just left me. and was supposed to just be on a vacation to arizona, [where we live before texas visiting people]. but she kept extending her stay, then didnt pay rent. and someone moved into our house. and i had to go in and get my stuff. by myself. and bring it to my aunts. i wwas just abandoned. and now my parents want to try and make me move with one of them. i just want to continue schoool here and live with my aunt. pleasee help me. im crying . and stressed. ive been through alot of hard times. just i want to know if i can pick my aunnt for custody?


Asked on 8/12/10, 10:30 pm

1 Answer from Attorneys

If you've lived with your aunt for 6 months or more, she can petition to be your conservator. If you haven't, she might be able to petition for conservatorship due to the emotional, psychological and educational damage that could very well result if you were returned to your mom or dad's care. Do you think your mom and dad would agree to you continuing to stay with your aunt? If so, it'll be even easier. Have you talked to them about it? If you haven't, why don't you try. They might surprise you by their answer. If they say no, tell your aunt and see if she'd agree to try and get that court order for conservatorship. If she does, you DO have the right to talk to the judge, and 99% of the time the judge really ONLY cares about the safety and wellbeing of the children and will make orders to protect those children if needed.

Hang in there kiddo - sounds like you are doing a great job knowing right from wrong and safe from unsafe even though you are so young.

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Answered on 8/18/10, 1:51 pm


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