Aunt & Uncle Rights in Tomball, TX
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Can Aunts & Uncles Take Custody of Children?
Texas Family Code states that the child’s parents have the final say over how their children are raised. But what happens if an aunt/uncle deems that the parents are unfit to raise children properly? They can either open a case against one or both parents or intervene if a case is already pending. If you are seeking custody of a niece or nephew, speak to one of our child custody attorneys at Eaton Family Law in Tomball, TX.
Attorneys for Aunts and Uncles to Gain Custody of Their Nieces or Nephews
In the eyes of the law, a child under the age of 18 cannot make life-altering decisions for themselves. If the parents are deceased or unable to care for the child, a child custody lawyer can help decide if the child’s aunt and uncle are suitable to be their legal guardians. This grants them parental rights over the child, such as deciding where the child goes to school and making medical decisions. Aunts and uncles can gain legal guardianship by working with our family law firm. We can create a legal document for the parents to sign, granting guardianship. The court can also grant this role to family members due to an open DFPS case or guardianship petition.
If the parents are in a life-threatening situation, they can opt for temporary guardianship with written permission, which grants whoever they choose temporary custody of the children. Examples include if the parent is being deployed, has to serve time in prison, or is going through chemotherapy.
Another instance is if both parents lose custody of their children. Then, the children usually go with an immediate family member, including grandparents, aunts, and uncles. However, even in this case, you must still prove that you can provide proper care for the children.
Learn More About How to Obtain Custody of Your Nieces and Nephews
Like other family members, aunts and uncles can take custody of children in certain situations. If your family needs help staying together in Sugar Land, Tomball, Katy, or Houston, contact our office today.