Conservatorship steps in Texas

[mbb0420]

What is the name of your state? Texas

I posted before concerning my ability to obtain managing conservatorship of my sister's child. I was advised by one respondent that I could be able to do this by myself if I were well versed in the Texas Family Law. Seeing as to how I would not attempt this on my own, I will hire an attorney. However, before I move forward, I was wondering if anyone was familiar with the process of obtaining managing conservatorship. I know that either both parties, the mother and the father of the child will have to agree, or I will have to file a suit affecting the parent child relationship for a motion to modify conservatorship. I spoke with an attorney and he said my best bet was to get them (mother and father of child) to agree. I believe that I gave grounds to file the suit because I have maintained possession of the child for 2 years and 4 months. However, the father does pay child support and he does exercise his visitation rights most of the time. I really do not believe that they will agree to give me managing conservatorship of the child. I believe that the father will not agree because I was told by the attorney that I spoke with that I need the father to agree to an increase in child support at the same time that he would agree to the change in conservatorship. As far as the mother, she is disagreeable to everything and she thinks that I should take care of the child for until she is ready to have him back. There really is no end in sight and I do not think that she will ever straighten her life out. The father is pretty happy with the way things are now. He pays $142.00 per month in child support and he makes $55,000.00 per year. He does not want full time possession of the child, but he does not want to change anything and allow me to have it either.

If they do not sign the papers, what would be the next step towards my obtaining managing conservatorship of my nephew?

Thanks for any replies.

 

[ceara19]

You would need to file for custody and guardianship of the child, naming BOTH parents as respondents. I haven't checked your previous posts for details, but it is going to be very difficult to get custody and guardianship if the parents don't agree, even more difficult if one or both parents are actively involved with the child. You may want to leave well enough alone. Since dad is happy with the status quo, I wouldn't rock the boat. If you put dad in a corner he may decide to keep the child himself as opposed to paying you more child support.

 

[mbb0420]

Thanks, but do you honestly believe that the court would award custody to the father considering the fact that he could have taken the child anytime he wanted and he has not. Rather, he has left the child with me because it is more accomodating for his lifestyle. The mother nor the father can pass a drug test; they both use meth. In addition, the father knew that his son was living with my sister and her boyfriend and that they had a domestic violence relationship and that they were doing drugs all the time. He did nothing to remove the child from this situation. In addition, the father has another child by another women that is also heavily into meth and she leaves her kids at home by themselves so that she can go out. The father knows this and he does not want to step in and take any responsibility. He could not take the child because he works nights and when he does have him on the weekends he can not bring him home to me fast enough. Sometimes, he does not take him at all because he would rather go gambling in Shreveport or to a bar. My nephew has asthma and he does not give him his medicine when he is over his house. I know this because the inhaler that he takes has a counter on it and also I only send the amount of pills that he will need for the weekend and they always come back. On several ocassions, the father has left my nephew with the mother of his other child, who lives in a known drug house. I do not believe that my sister will be able to maintain custody because she has a charge of injury to a child and that is one of the things in Texas under the Family Code that allows for the parent child relationship to be dissolved.

I cannot continue to take care of my nephew indefinitely without having any legal rights to him. In addition, I cannot let my sister destroy his life again. If the courts are not likely to take custody away from the parents, then what am I supposed to do? Should I just watch him until someone decides that they would like to get clean and be responsible? Is that in the best interest of the child? I believe that the worst thing that the court could do would be to ask the father if he wants the child to live with him and I know for sure that the father will not let the child come live with him. He only wants visitation, but he does not want to give me any rights to the child, in case he changes his mind later, in addition to the fact that he does not want to be obligated to pay more child support.

Thanks

 

[ceara19]

Thanks, but do you honestly believe that the court would award custody to the father considering the fact that he could have taken the child anytime he wanted and he has not. Rather, he has left the child with me because it is more accomodating for his lifestyle. The mother nor the father can pass a drug test; they both use meth. In addition, the father knew that his son was living with my sister and her boyfriend and that they had a domestic violence relationship and that they were doing drugs all the time. He did nothing to remove the child from this situation. In addition, the father has another child by another women that is also heavily into meth and she leaves her kids at home by themselves so that she can go out. The father knows this and he does not want to step in and take any responsibility. He could not take the child because he works nights and when he does have him on the weekends he can not bring him home to me fast enough. Sometimes, he does not take him at all because he would rather go gambling in Shreveport or to a bar. My nephew has asthma and he does not give him his medicine when he is over his house. I know this because the inhaler that he takes has a counter on it and also I only send the amount of pills that he will need for the weekend and they always come back. On several ocassions, the father has left my nephew with the mother of his other child, who lives in a known drug house. I do not believe that my sister will be able to maintain custody because she has a charge of injury to a child and that is one of the things in Texas under the Family Code that allows for the parent child relationship to be dissolved.

I cannot continue to take care of my nephew indefinitely without having any legal rights to him. In addition, I cannot let my sister destroy his life again. If the courts are not likely to take custody away from the parents, then what am I supposed to do? Should I just watch him until someone decides that they would like to get clean and be responsible? Is that in the best interest of the child? I believe that the worst thing that the court could do would be to ask the father if he wants the child to live with him and I know for sure that the father will not let the child come live with him. He only wants visitation, but he does not want to give me any rights to the child, in case he changes his mind later, in addition to the fact that he does not want to be obligated to pay more child support.

Thanks

Here's the thing, more than likely, dad already HAS legal custody of some sort. He doesn't have to petition the court to grant something he already has. The question is, first, will the court take custody AWAY from him and secondly, will the court GIVE custody to you. Even if they do take custody away from dad, that is by no means guarantees that YOU will be the one to get custody.

You already have one strike going in.You are not a biological parent. When 2 parents go to court over custody, generally the child goes to the parent that is MOST fit. If a third party goes after custody (gtandparents and other relatives, the state), it's no longer a matter of who is MOST fit, but is the parent in question UNFIT.

The accusations like drugs, drinking, gambling, etc., will only be considered if you can PROVE them (arrest record, police reports). Even if you can prove it, the court generally gives a natural parent many chances to straighten out and keep custody of the child.

The fact that he works nights is no different then any other parent that works any other shift. Most parents work and the judge will not hold having a job against him just because he works nights.

Mom may or may not retain her parental rights. Just because she has done something, that according to state law, that her rights CAN be terminated for, doesn't mean the court WILL terminate. Again, generally parents get mulitiple chances to straighten out.

You're kind of between a rock and a hard place here. You can go for legal custody, but you will run the risk of one of the parents getting the child. If that happens, they would probably just leave the child who knows whrere instead of with you.