they are 13 and 14...i am 24...my mother has become severely alcohol dependent and is unable to care for them. Both parents have agreed to sign them over. 14 year old recieves SSI and their father pays child support how do go about obtaining everything.
Family Law Attorney
Your best move is to go to court and become a managing conservator with the right to designate their primary residence. You can find the petition and the order in Suit Affecting the Parent Child Relationship at a law library. After you file the petition, you will need to serve your mother and the father/s of your siblings. You should include a request that the child support be redirected to you 9this may be the thing that causes your mother to fight it).
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
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General Practice Lawyer
While I agree with Ms. Lowry, it could get messy real quick because of the child support and SSI. I suggest that you consult with an attorney with experience in guardianships. Even if successful in getting appointed their guardian results in annual reporting issues on how you spent the SSI to the Court. See a lawyer.
My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.
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You don't want guardianship, you want custody which is handled in the family court system. Guardianship is a probate matter handled in a different group of courts in Harris County.
I recommend that you hire an experienced family law attorney to help you. As you can see from the other 2 attorneys that have answered, it is a complex matter. If both parents don't sign the paperwork approving the change, then they need to be served with legal paperwork. It's not that easy for you to get them served properly.
Look on this website and find an attorney. I office with attorney Patricia Bushman and she accepts payment plans - 713-807-9405.
I only mediate these days. If you need a mediator, please consider me.
Fran Brochstein has been a licensed Texas attorney over 22 years. She is a Advanced Credentialed Mediator by the Texas Mediator Credentialing Association. Fran enjoys educating people about Texas laws and mediation -- her motto is "knowledge is power". She has a full-time family law mediation practice in the Houston area. She is also trained n elder law mediation. If you need a consultation and mention that you saw this on www.avvo.com - Fran will give you a discounted rate of $175/hour -- her usual hourly rate is $300/hour. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question 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 on her personal cell phone.
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