Legal Question in Family Law in Texas
Hi me and my wife currently reside in Mississippi and are trying to gain custody of her or at least help my parents gain custody of her. My twin sister has passed away six months ago from Lupas at a Texas Hospital. She left behind her 5 year old daughter and she has been living with my parents. My parents are very uneducated and they have failed to get any type of custody for her or even attempt to try. Every time I call its a different story. They also neglect to get health coverage on her even though I know its optional at the moment and probably not possible since they wont bother to try. There are multiple reasons why she should not be with them for instance my mother is addicted to prescription and non prescription drugs with no source of income but SSI disability and my father is an alcoholic with low income that has abused me and my sister before and has come very close to abusing my 15 year old brother living in the same house. The living conditions are below standard also. I have talked to them about her living with us and they refuse to because my mom would miss her she says but I suspect its because my niece is receiving a healthy amount from SSI and they are aware that my sister has a life insurance policy for her. Me and my wife would love to have custody of her and will do what it takes to get her and do not mind getting on my parents bad side! Problem is we do not know where to start or what we can actually do. Like I said before we live in Mississippi with our 19 month old son and not real sure what we can do. They claim that they cannot get custody because they need the child's father to sign some sort of papers. The situation with him is that he is a fugitive and is on the run and cannot be located. He is wanted for parole violation and sex with a minor. Question though, my sister before she passed claimed that he didn't sign the birth certificate and my parents say the same thing but I have not actually seen this with my own eyes. First does a signature even matter and if he didn't then what?
1 Answer from Attorneys
In the State of Texas, gaining custody of a child is much easier of the bio. father will sign the paperwork agreeing to it. However, it can be done if he won't agree.
If your parents have no money, are there are pro bono (free) legal services for people. Unfortunately, most of these services are overwhelmed with requests for services so there is a long waiting list. Most of the agencies like grandparents that are attempting to get custody of their grandchildren, especially when there is a deceased parent involved & the other parent is "on the run".
It would be difficult for you to gain custody because you have not had possession of the child for 6 months and you live outside of the State of Texas. If your parents would allow you to take the child into your home and you took the child to MS, then you would need to talk to a MS lawyer and what it would take and how long you would have to have the child in your home before you asked for custody of the child. I only practice law in the State of Texas so I cannot answer those questions for you.
If you truly believe that this child is in danger, then call CPS and ask them to pick up the child. You can tell CPS that you are willing to take the child. CPS won't like you because you don't live in TX. They might not place the child with you. However, there is a slight possibility that they would place the child with you. You run the risk of the child being placed in the foster care system if CPS determines that the child is in danger. CPS does not like people that abuse prescription drugs and/or drink. Also, once they get involved, there is no stopping them. You cannot call them and ask them to stop their investigation. They are like a giant snowball rolling downhill - once it starts there is no stopping it -- it gets bigger & bigger destroying everything within its path.
I cannot tell what county your parents live in. The State Bar of Texas website has a list of all the pro bono (free) agencies in the State of Texas. So does my website (www.familylaw4u.com)
If you don't want to wait then look on this website for an attorney in their county or on www.avvo.com
Good luck!
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