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

Asked about 1 year ago - 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.

Attorney answers (4)

  1. Fran Brochstein

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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-... more
  2. Mark Allen Land

    Contributor Level 19

    2

    Lawyers agree

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

  3. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . File a suit affecting the parent child relationship

  4. Christopher Daniel Leroi

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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