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Managing Conservatorship

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mbb0420

Junior Member
What is the name of your state? Texas

I have been taking care of my nephew (sister's child) for the past two years. He lives with me because she is extremely unstable. I took the child from her home because she was in a domestic violence relationhsip and both her and her boyfriend were addicted to meth. Shortly after I took the child her boyfriend went to jail for violation of probation. He is serving a two year sentence for aggravated assault with a deadly weapon on her. He will get out in June 2006.

My sister is on probation for endangerment/injury to a child for a charge against her boyfriend's child. I am not really sure what happened in this situation, other than the fact that she accepted the charge and is on probation. She violated her probation for failing a drug test and then got another charge for possession and she went to jail for a month. She was ordered to go to rehab for drug use and she completed the program in a month and a half. Even when she got out of rehab, she did not really pursue a relationship with the child. She does come to see him when she feels like it, but other than that she has not done anything.

I believe that she is planning to come get the child and try to set her "family" back up together once her boyfriend gets out of jail. I know that I have no rights to the child but I have to do something because this child cannot go back into that type of environment. To make the situation more complicated the child has a father that pays child support and exercises his rights to visitation. Other than the visitation and child support payments he is not involved with the child, like with school, extracurriculars or anything like that.

The father of the child has never shown an interest in caring for the child on a permanent basis and has been aware of the ongoing situation with my sister. The father has a severe gambling addiction and he does drugs. In fact my sister and the child's father are in Shreveport as we speak. I now know that the father smokes pot around the child because they are learning about drugs this week in school and he told me that his father smokes dope and then he described how to roll a blunt!

When my sister does take the child for a visit, she runs the streets with him till three and four in the morning. I know that trying to get conservatorship of him in Texas can be a long, hard battle and I really do not have that much time before I think that she is going to try and come get him.

There are so many more issues with his parents and their lack of caring and responsibility, but I thought this would be enough to get some perspective and hopefully someone will have some suggestions as to the best course of action.

Thanks
 


LdiJ

Senior Member
mbb0420 said:
What is the name of your state? Texas

I have been taking care of my nephew (sister's child) for the past two years. He lives with me because she is extremely unstable. I took the child from her home because she was in a domestic violence relationhsip and both her and her boyfriend were addicted to meth. Shortly after I took the child her boyfriend went to jail for violation of probation. He is serving a two year sentence for aggravated assault with a deadly weapon on her. He will get out in June 2006.

My sister is on probation for endangerment/injury to a child for a charge against her boyfriend's child. I am not really sure what happened in this situation, other than the fact that she accepted the charge and is on probation. She violated her probation for failing a drug test and then got another charge for possession and she went to jail for a month. She was ordered to go to rehab for drug use and she completed the program in a month and a half. Even when she got out of rehab, she did not really pursue a relationship with the child. She does come to see him when she feels like it, but other than that she has not done anything.

I believe that she is planning to come get the child and try to set her "family" back up together once her boyfriend gets out of jail. I know that I have no rights to the child but I have to do something because this child cannot go back into that type of environment. To make the situation more complicated the child has a father that pays child support and exercises his rights to visitation. Other than the visitation and child support payments he is not involved with the child, like with school, extracurriculars or anything like that.

The father of the child has never shown an interest in caring for the child on a permanent basis and has been aware of the ongoing situation with my sister. The father has a severe gambling addiction and he does drugs. In fact my sister and the child's father are in Shreveport as we speak. I now know that the father smokes pot around the child because they are learning about drugs this week in school and he told me that his father smokes dope and then he described how to roll a blunt!

When my sister does take the child for a visit, she runs the streets with him till three and four in the morning. I know that trying to get conservatorship of him in Texas can be a long, hard battle and I really do not have that much time before I think that she is going to try and come get him.

There are so many more issues with his parents and their lack of caring and responsibility, but I thought this would be enough to get some perspective and hopefully someone will have some suggestions as to the best course of action.

Thanks
Since the child has been with you for two years, I think it would be worth trying for managing conservator. Two years is long enough to establish some standing. It would honestly be best if you could hire an attorney, but it is possible to do it without one as long as you carefully research the rules and proceedures of the court.

However, please realize that it does open the door for the father to get custody as well. You must name both the mother and the father in the petition, and serve them both.
 

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