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3 boys taken possession of by aunt who wont give them back after their father died

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mrskitty

Guest
Texas mother has 3 sons who were in the custody of their father until he died last month. The sister took possession of them and has since mailed me legal papers stating that she wants sole custody of them due to her being the conservator of their estate. What are my rights here and what are my chances of getting an attorney in Texas for a very poor mother?
Thanks in advance
Cindy
 


LegalBeagle

Senior Member
mrskitty said:
Texas mother has 3 sons who were in the custody of their father until he died last month. The sister took possession of them and has since mailed me legal papers stating that she wants sole custody of them due to her being the conservator of their estate. What are my rights here and what are my chances of getting an attorney in Texas for a very poor mother?
Thanks in advance
Cindy
Your rights are as the sole living parent, that unless you have been proved unfit, you should have full custody of the children. Do not know how you can raise the money, but without one, you will lose them.. with an attorney, you should walk out of court with your children.
 
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mrskitty

Guest
Thanks so much for the advice

Is that state law? I have not been proven unfit. I have simply not had custody of them, only visitation.
 

LegalBeagle

Senior Member
Re: Thanks so much for the advice

mrskitty said:
Is that state law? I have not been proven unfit. I have simply not had custody of them, only visitation.
It is every state law. You are the parent of the children. You need to act quickly though.. if you can get the money, your attorney may be able to file an Ex-Parte Motion to give you immediate temporary custody.

Good Luck
 
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mrskitty

Guest
Thanks so much

I appreciate the time and effort to answer my questions. I am an internet programmer and I got laid off last month for the 3rd time in 8 months so I dont have ANY money. Looks like I am sol. Thanks for the advice though.
Sincerely,
Cindy
 

Ambr

Senior Member
never sol...

you said that you were laid off, which means no income coming in, right? try a legal aide office for your county. try finding one that will take payments. shop around until you can find on that you can work with.

do whatever it takes to get the kids back. LB was letting you know to hurry doing it. the longer the kids stay with the aunt, the more possibility that a judge will allow it to remain that way.
 
M

mrskitty

Guest
Of Course

You are right. There is always a way if I look long and hard enough. Thanks for the help.
Cindy
 

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