Father Has Custody And Is Willing To Sign Over Guardianship. Is It Enough?

[lupe_mtz]

I live in Parker County, Texas.

I am trying to get legal guardianship over my 15 year old niece.. her father has full custody of her. Her mother, my sister, is threatening to take her away from me any way possible if I get her. The reason she doesn't want to be with her mother is because she would always leave her and her 6 year old brother at home alone while she went out to the club or even out of state for the weekend to visit her new husband.

Her father did have a letter notarized saying he was giving my husband and I legal guardianship but I want to know if that is enough to keep my sister from taking her away.

[Baystategirl]

I live in Parker County, Texas.

I am trying to get legal guardianship over my 15 year old niece.. her father has full custody of her. Her mother, my sister, is threatening to take her away from me any way possible if I get her. The reason she doesn't want to be with her mother is because she would always leave her and her 6 year old brother at home alone while she went out to the club or even out of state for the weekend to visit her new husband.

Her father did have a letter notarized saying he was giving my husband and I legal guardianship but I want to know if that is enough to keep my sister from taking her away.

No, a letter is not enough. The mother would have to agree to this as well.

[lupe_mtz]

Are you a lawyer? Why would she have to agree to it if she was only granted visitation in the divorce? My niece wants NOTHING to do with her. Her mother has sent her e-mails saying that she is dead to her and to always know that her mother hates her.. but won't sign anything if she wants to live with me and my family...

[Baystategirl]

Are you a lawyer? Why would she have to agree to it if she was only granted visitation in the divorce? My niece wants NOTHING to do with her. Her mother has sent her e-mails saying that she is dead to her and to always know that her mother hates her.. but won't sign anything if she wants to live with me and my family...

No. I am not a lawyer. But I am legally educated enough to know that as the child's MOTHER she has to approve HER CHILD living outside of her and the child's father care and control. Children don't get to decide where they live.

I would suggest that the FATHER of this child seek an attorneys advice on his options.

[525601minutes]

Just because the father has physical custody - it does not mean the mother has 0% LEGAL custody. ONLY if the mother has terminated her parental rights thru legal channels - or had them revoked by the courts - would allow the father to give their daughter to you without consent of the mother.

[lupe_mtz]

Just because the father has physical custody - it does not mean the mother has 0% LEGAL custody. ONLY if the mother has terminated her parental rights thru legal channels - or had them revoked by the courts - would allow the father to give their daughter to you without consent of the mother.

Her father has sole custody of her and my sister was only awarded visitation. She came out to my house the other day with a Deputy.. when they got here.. the deputy said that with the notarized letter I have they have to leave her here because it is a civil matter. That if my sister wants to fight it she has to go to court and do it. The school she is in also says it is enough that her mother can't take her out of school either. She's only making this hard because she no longer has a live in babysitter for her 6 year old. I really don't think she will take it to court because that cost money and she would rather spend it at the bar or on plane tickets! I just need to know what to do from here....

The Deputy that came out read a lot of messages from her and advised we get a lawyer and get a restraining order. I have a consultation with a lawyer next Wednesday but her mother swears to have her back by Saturday.. mostly because she is flying out to Florida to be with her husband for a week and needs a babysitter!....

[LawResearcherMissy]

Her father has sole custody of her and my sister was only awarded visitation.

That does not matter. It isn't the same as her parental rights being terminated.

Reacting poorly because the good advice you were given is not what you wanted to hear is not cool.

I just need to know what to do from here.

Talk to your lawyer.

[lupe_mtz]

Reacting poorly because the good advice you were given is not what you wanted to hear is not cool.

Talk to your lawyer.

Lol.. Planning to do that. Thanks.

[525601minutes]

Her father has sole custody of her and my sister was only awarded visitation. She came out to my house the other day with a Deputy.. when they got here.. the deputy said that with the notarized letter I have they have to leave her here because it is a civil matter. That if my sister wants to fight it she has to go to court and do it. The school she is in also says it is enough that her mother can't take her out of school either. She's only making this hard because she no longer has a live in babysitter for her 6 year old. I really don't think she will take it to court because that cost money and she would rather spend it at the bar or on plane tickets! I just need to know what to do from here....

The Deputy that came out read a lot of messages from her and advised we get a lawyer and get a restraining order. I have a consultation with a lawyer next Wednesday but her mother swears to have her back by Saturday.. mostly because she is flying out to Florida to be with her husband for a week and needs a babysitter!....

So you came here and posted just to show us that you know everything and neither want nor need advise? Gee - thanx for sharing...