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How do I file for custody of a child that I have had power of attorney over for the last two years?

Houston, TX |

The father is incarcerated and the mother is not in the child's life on a regular basis. She was placed with me by CPS in October 2011, due to her mother overdosing. What do I need to do f I r her? I provide financially and emotionally for this child.

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Attorney answers 4


You need to hire a lawyer that will help you with the process. This is not a "do it yourself" project.


Look on this website and hire a private attorney to represent you. You have grounds to seek custody of this child.

Thank you for taking in this child and providing a loving home for this child. Thank you for taking this child into your life & your heart.

Look around for an attorney that is reasonable. Prices can vary. Ignore avvo's rating system - many excellent attorney's have not "claimed" their avvo listing so their rating will be low - that does not mean that they don't know what they are doing. Serving dad will be easy since he's in prison & the front door of the prison will be "served".

I agree with the other attorney - you need an attorney to help you since this is "tricky" & not a do it yourself project.

Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.


Both of my esteemed colleagues are correct. You need an attorney to file for guardianship and conservatorship of the child. This is way too complicated of a process to do without an attorney. Even attorneys hire other attorneys who specialize in this area to assist them.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


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