How do I get court decisions on my mother who is mentally unstable to make decisions or have custody of my sister?

Asked over 3 years ago - Arlington, TX

My mom is ill, and and went to a law office to proceed with giving my authority over her decisions because of an ilness that henders her mental state and her mental disability she already had. Later she gave my sister to a certain person specificly reported on my legal papers not to be involved with my sister, which is not even in my family. I dont know if he has any legal right or any notorized papers to even have her. I need to know if i can go to the police with my papers and get my sister back, or would i have to get a lawyer and fight for custody. It is only rumered that he has no notorized authorization from my mom but from my sister which is only 14.

Attorney answers (3)

  1. Jordan E. Watson

    Contributor Level 15

    Answered . I suggest speaking with a local attorney who can review the papers you have.

    If this person has no legal authority over your sister and you have been named your mother's Power of Attorney, on that theory, you should be able to go get your sister. However, the police likely won't enforce anything with out a signed Judge's order stating that you are the sole or managing conservator of the child.

  2. Christopher Jay Harding

    Contributor Level 15

    Answered . You should have a local attorney review those papers to see what actions you can take. If you have full power of attorney to make all legal decisions, you could file in her stead and get a court order over your sister. The police don't like to get involved in this type of situation unless there is a court order.

    Unless your mom emancipated your sister, her notarized signature probably doesn't mean a thing. If your mom did emancipate your sister, you have bigger problems - she can probably do as she wishes.


    Disclaimer: This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship.

  3. Thomas James Daley

    Pro

    Contributor Level 18

    Answered . I agree with Ms. Watson and Mr. Harding.

    Contact a local attorney and bring all your papers with you. If this is a Tarrant County case, you should go to the Tarrant County Family Law Center (Family Law Courthouse) and ask to get an unofficial copy of the file concerning your sister, if there is one.

    Also, go to the probate courts and see if there is a file on your mother or sister regarding guardianship.

    Once you have all these papers (to the extent they exist), you are in a position to take them to attorney for review.

    If you can't afford an attorney, call the Texas Legal Services Center (www.tlsc.org) and they will refer you to an attorney in your area who will agree to help you at a significant discount, if you meet TLSC's income guidelines.

    Good luck!!

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,119 answers this week

2,951 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,119 answers this week

2,951 attorneys answering