Need advice on abandonment

[Cherry52]

I live in Texas. My sister passed away 6 months ago. She had 2 children, ages 15 & 18 years. Their father (my sister's ex-husband) has been taking care of the kids since my sister's death and living with the kids in their home (left to them in the will). He just informed me that he has not been living with them for the past several months and is now moving away permenatly to another city. The kids love this arrangement, what teenager wouldn't? To make matters worse, the 15 year old daughter is 3 months pregnant. My question is: is this abandonment on the part of the ex-husband and what are my legal rights as their aunt and trustee of their trusts? I told them I was going to sell the house and they would need to find a suitable place to live, or move in with relatives. They are furious with me at this point and refuse to cooperate. Pleas help!

 

[LegalBeagle]

I live in Texas. My sister passed away 6 months ago. She had 2 children, ages 15 & 18 years. Their father (my sister's ex-husband) has been taking care of the kids since my sister's death and living with the kids in their home (left to them in the will). He just informed me that he has not been living with them for the past several months and is now moving away permenatly to another city. The kids love this arrangement, what teenager wouldn't? To make matters worse, the 15 year old daughter is 3 months pregnant. My question is: is this abandonment on the part of the ex-husband and what are my legal rights as their aunt and trustee of their trusts? I told them I was going to sell the house and they would need to find a suitable place to live, or move in with relatives. They are furious with me at this point and refuse to cooperate. Pleas help!

I might be reading this wrong.. but are you saying that you wish to sell the house and have them thrown out onto the streets if they do not do as you say?

 

[Cherry52]

Not at all. I have offered them my home to stay in. Several other relatives have offered to take them in, as well. The problem is, we all live over 1 hour away and the kids want to stay with their friends, understandably. So, I am trying to give them the opportunity to live with friends, as long as it it OK with their friend's parents. I do not feel it is morally right (and maybe legally right) for 2 teenagers to live alone, unsupervised. The 18 year old will be moving in 2 months to attend college. That will leave a 15 year old pregnant girl home alone. This is not acceptable in my book. I feel I must sell the house. What other options do I have?

 

[LegalBeagle]

Not at all. I have offered them my home to stay in. Several other relatives have offered to take them in, as well. The problem is, we all live over 1 hour away and the kids want to stay with their friends, understandably. So, I am trying to give them the opportunity to live with friends, as long as it it OK with their friend's parents. I do not feel it is morally right (and maybe legally right) for 2 teenagers to live alone, unsupervised. The 18 year old will be moving in 2 months to attend college. That will leave a 15 year old pregnant girl home alone. This is not acceptable in my book. I feel I must sell the house. What other options do I have?

Since the father has decided to abandon the child, then you can petition the court to take custody. However, you will still have a problem getting the child to live with you (or getting her out of the house) should she decide to be difficult.

Also, by taking custody you will be able to re-direct some of those payments that the father is currently receiving.