Legal Question in Family Law in Texas

My wife and I, who live in Oklahoma, are looking to file for custody or guardianship of our 15 year old niece who lives in Texas. Her mother and step-father allowed her to stay with us for the end of her 8th grade school year. She went back to see them in San Antonio for a weekend and they refused to allow her to come back. She will be missing her final exams and her school grades will suffer greatly because of this. Her step-father is abusive and likes to drink all day long, taking his frustrations out on the 15 year old. He calls her a whore and a slut, telling her that she will not amount to anything, makes her take care of her 8 month old sister because he doesn't feel he needs to do things like changing diapers and feeding her. He has called her his little slave, his free babysitter and many degrading names that I do not feel comfortable even putting into an e-mail. She wants to come back to us permanently, but we don't know our legal rights. Please help us.


Asked on 5/24/10, 8:10 pm

1 Answer from Attorneys
TC Langford Langford Law Office

You need to hire a lawyer in San Antonio, to seek conservatorship. Under the law, however, unless you can establish abuse or neglect, you may not be able to prevail. If she lived with you at least 6 months, and/or the judge believes she is being abused/neglected, you may be able to establish conservatorship. Talk with the attorney regarding the advisibility of contacting CPS.

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Answered on 6/07/10, 11:07 am


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