Aunt & Uncle Family Law Lawyer
Texas Family Code usually allows the child’s parents to decide how they are raised, including whom they can and cannot see or where they live. However, aunts and uncles can open a case against one or more of the parents and intervene if there is a pending case. These cases can be opened by a parent, grandparent, or the Texas Department of Family and Protective Services. If you are seeking custody of a niece or nephew, a child custody attorney is where you should start.
attorneys For aunts and uncles To gain custody of their nieces or nephews
A child under the age of 18 is considered incompetent in making decisions for themselves. If the parents are deceased or unable to care for the child, a child custody lawyer can help identify an appropriate legal guardian. This legal guardian has parental rights over the child, including going to school, living, and making medical decisions. Aunts and Uncles can gain legal guardianship in Houston by working with a Houston family law firm. Together with Houston family law attorneys, they can create a legal document for the parents to sign, granting guardianship. The court can also grant guardianship due to an open DFPS case or guardianship petition.
Parents in life-threatening situations can also bestow temporary guardianship, which grants temporary custody of the children if the parents leave or die. Situations include if the parent is a deployed soldier, a firefighter fighting a forest fire, a convict beginning their sentence, or beginning chemo or radiation therapy. Parents can give temporary guardianship to an adult of their choosing, but it must be written. Contact a family law firm to connect you with an attorney for child custody to assist with this process.
Parents can also lose custody of their children. Under this circumstance, children usually go to immediate family members, including grandparents, aunts, and uncles. However, these adults must still prove they are fit to care for the children.
Gain Custody of Those You Care About
The first step to obtaining legal guardianship of a niece or nephew is filing a petition for guardianship in the county where the child lives. Per Texas Guardianship Rules, you must hire family law lawyers to petition for legal guardianship due to the complex process and complicated paperwork. They will complete the necessary steps, including setting a court date and scheduling the guardianship test required by the Guardianship Certification Board of Texas. If you are in the Houston or Tomball area, our child custody lawyers will help determine what documents and evidence are needed and ensure your case is strong.
In certain situations, aunts and uncles can take custody of children. For help keeping your family together, contact Eaton Family Law Firm today.
