Aunt & Uncle Rights
Parents in Texas have the right to make decisions about their child’s upbringing, including where they live and who they interact with. However, aunts and uncles have legal avenues for intervention when a pending case involves the child. These cases can be initiated by a parent, grandparent, or the Texas Department of Family and Protective Services (DFPS). If you’re seeking custody of your niece or nephew, it’s essential to start by consulting with one of our child custody attorneys.
In Texas, children under 18 cannot make legal decisions for themselves. If their parents are deemed unfit or have passed away, a family custody attorney will help designate a legal guardian. Aunts and uncles can petition for this right, or the parents can sign a legal document to transfer custody. The court may also award guardianship if there’s an active DFPS case. The new legal guardian automatically gains all parental rights, including those related to living arrangements, medical decisions, and education.
Temporary guardianship can also be approved when parents face immediate, life-threatening circumstances, such as military deployment, extended hospital stays, or other crises. In cases where parents lose custody rights, immediate family members like grandparents, aunts, or uncles may be considered for custody. However, they must demonstrate their ability to provide the child with a safe, stable environment. Call Eaton Family Law and consult with our experienced custody attorneys for advice through this process.
To pursue legal guardianship of your niece or nephew, you must file a guardianship petition in the county where the child resides. Texas Guardianship Rules require residents to hire a family law attorney to navigate this complex process properly. Your legal representative will assist with all necessary paperwork, set a court date, and arrange for the mandated guardianship test.
If you live in Sugar Land, Katy, Tomball, or Houston, our child custody lawyers are here to represent you and provide evidence to strengthen your case. Contact us today and learn how our expert legal team helps aunts and uncles with their guardianship needs.
