Can we get custody of our nephew?

[laurenperry101]

Our 9 year old nephew has lived with us for 7 years. We would like to make sure that doesn't change. What do we need to do?
His father has custody not the mother, yet we have raised him since he was 2 years old. Father visits a few times a year, Christmas, birthday etc. lives in same state a couple hours a way.

 

[mightymoose]

You won't get legal custody/gaurdianship without jumping through some difficult hoops.

Why isn't the father caring for the child?

Where is the mother?

 

[laurenperry101]

Father has never had any true interest in the child. He needed us to take care of nephew for a few weeks,7 years ago. Has never done anything to have his son live with him, like get a home and job that would make it easy to care for nephew. Likes to say he is a Dad, but that's about as far as it goes.

 

[laurenperry101]

Sorry forgot to answer about Mother. She also lives here in Texas . After she got out of prison (nephew was living with us) , she lost custody to Father. Nephew has no relationship with her yet has met her once 2 years ago. She never did take advantage of her visitation rights.

 

[mightymoose]

You are likely in a situation where you will have to adopt the child, and each parent would have to go along with it, lousy parent or not.
You will need legal assistance no matter what. I suppose a family law attorney is the place to start. Hopefully you know how to contact both parents and have a good enough relationship to earn their cooperation. However, raising the issue could cause dad to take the child back, and there likely wouldn't be much you could do about it.