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Old 04-29-2016, 03:01 PM   #1
twitch528
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Default Can aunt and uncle get custody in Texas

My wife and I are considering trying to get custody of our niece. She will be 3 in just a few months. In total she has lived with us for at least 70% of her life. The mother is in and out of jail and abuses alcohol and prescription medication. The biological father was recently found and the mother signed over visitation to him which basically allows him to have custody of her every 1st 3rd and 5th weekends, all summer and alternating holidays with only 6 supervised visits before he starts getting her overnight. The child has only seen the father on 2 or 3 occasions. Is there anyway possible that my wife and I could step in and get custody of the child or at least get primary custodian? The mother is also scheduled to serve a year in jail in the upcoming months.
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Old 04-29-2016, 04:11 PM   #2
twitch528
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Default Re: Can aunt and uncle get custody in Texas

I guess I should clarify that the mother of the child is my wifes niece.
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Old 04-29-2016, 07:31 PM   #3
130smartchick
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Default Re: Can aunt and uncle get custody in Texas

The father has the primary right to residential custody when mom is unable to raise the child.

You would have to be able to prove dad unfit to be successful at obtaining custody. I would suggest instead you work with dad. Do not impede his visitation and he may be amenable to leaving the child with you for now.
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Old 05-01-2016, 11:08 PM   #4
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Default Re: Can aunt and uncle get custody in Texas

I do not see any reason you would be able to get legal custody as neither parent has been legally determined to be unfit, by CS. You are in essence a free babysitter.
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Old 05-03-2016, 01:12 PM   #5
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Default Re: Can aunt and uncle get custody in Texas

Hi,

You can be primary custodian of your niece only if her parents agree for it. If they don't agree, you can't get it.
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Old 11-08-2017, 12:14 AM   #6
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Originally Posted by twitch528 View Post
My wife and I are considering trying to get custody of our niece. She will be 3 in just a few months. In total she has lived with us for at least 70% of her life. The mother is in and out of jail and abuses alcohol and prescription medication. The biological father was recently found and the mother signed over visitation to him which basically allows him to have custody of her every 1st 3rd and 5th weekends, all summer and alternating holidays with only 6 supervised visits before he starts getting her overnight. The child has only seen the father on 2 or 3 occasions. Is there anyway possible that my wife and I could step in and get custody of the child or at least get primary custodian? The mother is also scheduled to serve a year in jail in the upcoming months.
Yes, it is possible. You need to file a Suit Affecting the Parent Child Relationship. I'm going through this with my nephews. Good luck! https://texaslawhelp.org/toolkit/sapcr-i-need-custody-order-i-am-not-childs-parent
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Old 11-13-2017, 10:55 AM   #7
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Default Re: Can aunt and uncle get custody in Texas

In this case most probably the court will consider the pleadings of the biological father as the mother is not against the custody of the child by the biological father. It is good to consult a lawyer in this matter.
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