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  1. #1
    Join Date
    Jun 2005

    Default Seeking Guardianship


    I am the aunt of a 14 yr old neice and 16 nephew. They were living with their custodial mother and step father, and came out to stay with us for awhile and refused to go back home with their mother claiming that the step father was emotional abusive to them and physically abusive towards the mother. Abuse that we have witnessed also. CPS was contacted twice, the second time never came out to investigate, however the mother agreed to leave the kids with us. The have been bounced around all their lives, living in 13 different houses, motels, etc in 8 years. They contacted their father to ask him to come get them out of the abusive household, but he always seemed to come up with an excuse as to why he could not come get them. Long story short, they have been living with me for the past 10 months, they are doing great socially with friends, doing well in school, and are finally stable. Now the father is wanting to come and make them live with him and they do not want to go. The do not want to be up rooted again and leave the family that has always been there to take care of them. Do we have a chance in the world at getting custody or guardianship of these kids? Thanks for you help.

  2. #2
    Join Date
    Mar 2005

    Default Guardianship

    It sounds like you have no real choice but to try for a guardianship, within the constraints of Texas law. I suggest you consult a local family law attorney who handles guardianship matters, to discuss what is involved in obtaining a guardianship, and what would happen if the father appears in court either to contest the guardianship or at a later date to try to regain custody.

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