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Could I file for guardianship over my nieces?

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Cindi86Rai

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

My sister and her three daughters asked to stay with me almost six months ago because it was reported her boyfriend of three years, father of the two younger girls, had sexually abused the oldest which is under 14 years old.
My sister let him and his mother stay in their apartment until he was arrested almost a month later from the report being filled. After which she did want to move back in but I advised that wouldn't be a good idea since she was not working at the time and could not afford the rent.
I helped her move out her and the girls possessions, clean, and submit a letter of breaking the lease due to domestic abuse.
The day after he was arrested his mother took their tv, washer and dryer, and his computers up to her house in another county. Since the report was filed and his arrest his mother would not speak to my sister or give her a ride when she asked for one. The family car belongs to the father of the two youngest girls and when he was arrested his mother took possession of it.
Almost six months later I've been supporting all three nieces and my sister. My sister recently got a job a month ago and I helped her get a car so she isn't restricted to my schedule.
The reason I'm asking for guidance is because also a month ago my landlord said my sister could not stay there any longer because her ex husband, father of her oldest daughter, is a registered sex offender and he stepped onto the property one time when picking her up for his scheduled visitation.
My sister is now saying it is in her children's best interest to move to another county with the youngest two girls grandmother. I don't understand why she feels like that but do understand her wanting to get away from this area. The other thing is that she has a county restriction from moving her oldest away due to her agreed upon joint custody with her ex husband.
She already took the youngest two up there saying it was only going to be for a week and a half but now she's saying that if she doesn't hear from the low income apartments she's going to take her oldest one and they all move up there.
I'm not trying to interfere with how she decides to live or raise her girls but also don't want them getting taken away or split apart.
Should I petition for guardianship or wait to see how it turns out?
The other thing on this is the ex husband, father of the oldest, filed for full custody when my sister filed to get the restriction lifted two days before the ex boyfriend, father of the two youngest, was reported for sexual abuse.
I know for certain I can fully support all three of my nieces financially and provide all the care they need.
I'm conflicted because I want my sister to get it together to support her girls but right now she isn't there.
 
Last edited:


Just Blue

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

My sister and her three daughters asked to stay with me almost six months ago because it was reported her boyfriend of three years, father of the two younger girls, had sexually abused the oldest which is under 14 years old.
My sister let him and his mother stay in their apartment until he was arrested almost a month later from the report being filled. After which she did want to move back in but I advised that wouldn't be a good idea since she was not working at the time and could not afford the rent.
I helped her move out her and the girls possessions, clean, and submit a letter of breaking the lease due to domestic abuse.
The day after he was arrested his mother took their tv, washer and dryer, and his computers up to her house in another county. Since the report was filed and his arrest his mother would not speak to my sister or give her a ride when she asked for one. The family car belongs to the father of the two youngest girls and when he was arrested his mother took possession of it.
Almost six months later I've been supporting all three nieces and my sister. My sister recently got a job a month ago and I helped her get a car so she isn't restricted to my schedule.
The reason I'm asking for guidance is because also a month ago my landlord said my sister could not stay there any longer because her ex husband, father of her oldest daughter, is a registered sex offender and he stepped onto the property one time when picking her up for his scheduled visitation.
My sister is now saying it is in her children's best interest to move to another county with the youngest two girls grandmother. I don't understand why she feels like that but do understand her wanting to get away from this area. The other thing is that she has a county restriction from moving her oldest away due to her agreed upon joint custody with her ex husband.
She already took the youngest two up there saying it was only going to be for a week and a half but now she's saying that if she doesn't hear from the low income apartments she's going to take her oldest one and they all move up there.
I'm not trying to interfere with how she decides to live or raise her girls but also don't want them getting taken away or split apart.
Should I petition for guardianship or wait to see how it turns out?
The other thing on this is the ex husband, father of the oldest, filed for full custody when my sister filed to get the restriction lifted two days before the ex boyfriend, father of the two youngest, was reported for sexual abuse.
I know for certain I can fully support all three of my nieces financially and provide all the care they need.
I'm conflicted because I want my sister to get it together to support her girls but right now she isn't there.
I would be calling CPS to report your sister. She seems to have a propensity for Sex Offenders.
 

LdiJ

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

My sister and her three daughters asked to stay with me almost six months ago because it was reported her boyfriend of three years, father of the two younger girls, had sexually abused the oldest which is under 14 years old.
My sister let him and his mother stay in their apartment until he was arrested almost a month later from the report being filled. After which she did want to move back in but I advised that wouldn't be a good idea since she was not working at the time and could not afford the rent.
I helped her move out her and the girls possessions, clean, and submit a letter of breaking the lease due to domestic abuse.
The day after he was arrested his mother took their tv, washer and dryer, and his computers up to her house in another county. Since the report was filed and his arrest his mother would not speak to my sister or give her a ride when she asked for one. The family car belongs to the father of the two youngest girls and when he was arrested his mother took possession of it.
Almost six months later I've been supporting all three nieces and my sister. My sister recently got a job a month ago and I helped her get a car so she isn't restricted to my schedule.
The reason I'm asking for guidance is because also a month ago my landlord said my sister could not stay there any longer because her ex husband, father of her oldest daughter, is a registered sex offender and he stepped onto the property one time when picking her up for his scheduled visitation.
My sister is now saying it is in her children's best interest to move to another county with the youngest two girls grandmother. I don't understand why she feels like that but do understand her wanting to get away from this area. The other thing is that she has a county restriction from moving her oldest away due to her agreed upon joint custody with her ex husband.
She already took the youngest two up there saying it was only going to be for a week and a half but now she's saying that if she doesn't hear from the low income apartments she's going to take her oldest one and they all move up there.
I'm not trying to interfere with how she decides to live or raise her girls but also don't want them getting taken away or split apart.
Should I petition for guardianship or wait to see how it turns out?
The other thing on this is the ex husband, father of the oldest, filed for full custody when my sister filed to get the restriction lifted two days before the ex boyfriend, father of the two youngest, was reported for sexual abuse.
I know for certain I can fully support all three of my nieces financially and provide all the care they need.
I'm conflicted because I want my sister to get it together to support her girls but right now she isn't there.
Nothing you have stated indicates that your sister is unfit to retain custody of her children. Therefore, you would have no standing to petition for guardianship.
 

Cindi86Rai

Junior Member
Nothing you have stated indicates that your sister is unfit to retain custody of her children. Therefore, you would have no standing to petition for guardianship.

The house they are moving to has a man that had a similar situation against him for sexual assult on a minor as well but I don't know if he was found guilty. My sister mentioned it to me previously before any of this happened and the only thing they told me was there was an accusation. I would look it up but I don't know his real name.
 

Just Blue

Senior Member
The house they are moving to has a man that had a similar situation against him for sexual assult on a minor as well but I don't know if he was found guilty. My sister mentioned it to me previously before any of this happened and the only thing they told me was there was an accusation. I would look it up but I don't know his real name.
At the very least your sister has horrible judgement and is placing her children at risk. Do all of her children have to be raped before you do something?
 

stealth2

Under the Radar Member
Just understand that, if you are unsuccessful, you may well find that your nieces will be out of your life.

Can you help your sister get set up locally? First/last/security since she's working? Help her find resources for other aid?
 

Cindi86Rai

Junior Member
At the very least your sister has horrible judgement and is placing her children at risk. Do all of her children have to be raped before you do something?
I am helping her the best I can but I cannot stop her from leaving. No I don't want anything happening to them.
 

Cindi86Rai

Junior Member
Just understand that, if you are unsuccessful, you may well find that your nieces will be out of your life.

Can you help your sister get set up locally? First/last/security since she's working? Help her find resources for other aid?

I help give local sources but she won't take the time to visit them.
 

Zigner

Senior Member, Non-Attorney
So, you have a father (of the oldest) who is allowed unsupervised visitation with his child and a father (of the younger two) who has not been convicted of anything...

You are not going to get guardianship of the oldest if dad doesn't want it, and you're really unlikely to get guardianship of the two younger kids also.
 

stealth2

Under the Radar Member
So, you have a father (of the oldest) who is allowed unsupervised visitation with his child and a father (of the younger two) who has not been convicted of anything...

You are not going to get guardianship of the oldest if dad doesn't want it, and you're really unlikely to get guardianship of the two younger kids also.
And Mom will (frankfully - rightfully) cut you off.
 

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