Temporary Custody of Nephew

Asked almost 6 years ago - Fort Worth, TX

I need to get temporary custody of my nephew ASAP. How do I do this. He currently lives with us. His mother signed power of attorney for school and medical purposes. She also signed a document that states that she will not remove him from our home until the end of the school year. However, she has already removed him once when she was upset. We need to discuss some things with her and are fearful that she will pull him out again. It would be very damaging at this point if she did this. She is currently staying at a women's shelter. We need to get custody ASAP!

Attorney answers (1)

  1. Thomas E. Trahan

    Contributor Level 10

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    Lawyer agrees

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    Answered . Getting custody away from a parent without an agreement is extremely difficult because in the United States there is a constitutional right for a parent to decide what's best for his or her kids. So, the best option is to get an agreement to appoint you sole managing conservator. If no agreement can be reached, then you will have to prove to the court that the child is in some sort of physical or psychological danger. This is difficult when the child is staying in your home for the time being! The main ray of hope is that the longer the child stays with you, the better your chances are.

    You will need the help of an experienced family law attorney to help you understand your rights. Good luck.

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