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No Help From Biological Parents

Discussion in 'Grandparents Rights' started by Brittney T., Jul 13, 2019.

  1. Brittney T.

    Brittney T. Law Topic Starter New Member

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    Jurisdiction:
    Texas
    My mom had been raising my niece since she was a baby basically and my sister signed over temporary custody when my niece was 2. She never came back for her and recently we got back in touch with her to see about her signing a paper so my niece can get into a homeschooling program. She's refusing to sign any papers but she doesn't want to get her child either (who is now 9 years old.) The relationship she's in now is very toxic and my niece is in a stable environment in the care of my mother. What steps would she have to take in order to gain some type of custody for her again? We don't know who the father is so the help my mom gets for her is me taking care of her while she's working. There's no financial help or anything.
     
  2. PayrollHRGuy

    PayrollHRGuy Active Member

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    Your mom needs to hire a lawyer. This is not a DIY project.
     
    Zigner likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    Which "she" are you referring to? Your mother or the child's mother?
     
  4. Brittney T.

    Brittney T. Law Topic Starter New Member

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    my mom
     
  5. Brittney T.

    Brittney T. Law Topic Starter New Member

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    Hmmm, never knew it was, if you're not gonna say anything useful, don't say anything at all. Thanks for nothing.
     
  6. justblue

    justblue Active Member

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    Advising to consult with an attorney WAS useful advice. And now you should move on because . the VOLUNTEERS here do not like to deal with rude children.
     
    cynthiag and Zigner like this.
  7. Zigner

    Zigner Well-Known Member

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    Don't get in a snit. PayrollHRGuy's post was VERY useful. The chances that this gets screwed up if taken on as a DIY project are much higher than if a pro does it. I mean, you're not going to perform surgery on someone, are you? (If you're a surgeon, then that obviously doesn't apply, just as it wouldn't apply if you were an attorney.)
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Then your Mom needs to seek court ordered guardianship of the child.

    While it's possible to do it without a lawyer, the average person will be in way over her head without one and most likely fail in the attempt.

    If your mother needs convincing of the need for a lawyer, just have her read the Texas guardianship statute:

    ESTATES CODE CHAPTER 1104. SELECTION OF AND ELIGIBILITY TO SERVE AS GUARDIAN

    If she is still not convinced about hiring a lawyer, she is free to download forms and instruction from the county court's website and give it a go on her own.
     
    leslie82 likes this.
  9. zddoodah

    zddoodah Well-Known Member

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    Custody cannot be "signed over." Custody can only be awarded by a court order.

    She'll need to seek a court-ordered guardianship.

    I agree with those who have indicated it's not a good DIY project.
     

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