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Child Custody Non Family Member

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rmallett

Junior Member
What is the name of your state (only U.S. law)? Texas

My wife has been raising a friend of the family's little girl since she has been born. The parents allowed her to keep the baby week after week, then weeks turned into months, and so on for 12 years. They didn't want to deal with her. She lives with us, we enroll her in school, take her to the doctors, we are not her maternal parents but in all aspects of love, we are her parents. She visits her parents every other week or during special occasions. We have never tried to discourage her from seeing her family. Now that she is 12 and can take care of herself, they want her back. This not only has upset her, but us as well as we feel we are losing our little girl and have no legal recourse or rights. They have never paid for anything to help us out. She doesn't even have her own room at the Donor Parents house. Here, she has a stable environment, her own room, help with school work, love and attention. We are worried they are going to take her from us and if that happens her future looks bleek. They don't care about her needs or future and basically need a new maid to clean and cook at the house now that the last of the older girls has moved out. They forgoe medical insurance on her so they can have a condo, a boat, and a harley motorcycle. The father is an alcoholic and they both use drugs. What legal actions can we take if they decide to keep her from seeing us? Can we sue for Custody? Do we have an rights in this matter or is it just going to be one of those things where we have to just bite the bullet?
 


rmallett

Junior Member
My wife didn't fight for custody because frankly she doesn't have the evidence to win. It is personal knowledge, not tangible. They have 4 other kids, mostly grown, one about to be 16. Listening to my wife, it just happened and she loves the child deeply and fear of losing the child over a custody battle scared the hell out of her. Having the child 90% of the time without the parents saying anything is better than not being able to see her at all. I believe that is the reasoning. The child's parents are not neglectful in a manner that CPS would consider life threatening or conditions which create a substantial hazard to the child.
 

LdiJ

Senior Member
My wife didn't fight for custody because frankly she doesn't have the evidence to win. It is personal knowledge, not tangible. They have 4 other kids, mostly grown, one about to be 16. Listening to my wife, it just happened and she loves the child deeply and fear of losing the child over a custody battle scared the hell out of her. Having the child 90% of the time without the parents saying anything is better than not being able to see her at all. I believe that is the reasoning. The child's parents are not neglectful in a manner that CPS would consider life threatening or conditions which create a substantial hazard to the child.
Your wife need to get a consult with a local attorney. Normal law doesn't give her any standing to fight for this child, but this is also a situation that is more than a bit outside of normal law because the child has been in her physical custody for 12 years.

I am not saying that I believe that your wife could prevail. I am saying that I think that your wife needs to consult with a local attorney before she automatically assumes that she cannot prevail.

I am also very firmly stating that this case is beyond the scope of an internet forum.
 

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