Legal Question in Family Law in Texas
My younger half brother has been in and out of foster homes since he was young and has now been placed with my grandmother. She is physically and verbally abusive. Social services keeps threatening to throw him back in foster homes if any problems arise so he's afraid to speak up for himself. He has also been in previous abusive foster homes and been failed time and time again by child services. They have said that I cannot get custody because they don't like me. He is sixteen years old, should he not have some say in where he wants to live? Or be able to be emancipated or something?
1 Answer from Attorneys
Under Texas Family Code section 156.002(c), enacted in 2009, you have standing to seek modification of conservatorship with respect to your brother. If you file suit, you should also file a motion requesting that the court interview your brother in chambers, which the court is required to do because your brother is older than 12. The judge may not want to do the interview himself and may instead appoint an amicus attorney to look into your brother's circumstances.
If the Department does not like you for some reason, you will have a tough time but you can prevail if you have good facts on your side. You will need to hire a family law attorney to have any chance at all, though. If you don't think you can afford an attorney, call the Texas Legal Services Center (www.tlsc.org) and they will try to refer you to a good attorney who will take your case at a significant discount.
I'm sorry your brother is undergoing such a tough time.
Good luck!!
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