If parental rights have been terminated, they cannot be reinstated or re-acquired per Texas Family Code Chapter 161. A termination is permanent, complete and forever -- well until a child turns adult at which point the child can live where the child wishes. The sister can give you a power of attorney and a placement, I suppose, but that opens the question of why your rights terminated 4 years ago, i.e., was there endangering conduct or other serious involuntary termination grounds? Talk to family law counsel please, but generally once terminated always terminated.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
She can just physically let you have the child. You are a legal stranger to the child. But after the child has resided with you for six months or more I believe that you will gain legal standing to sue for custody just the same as anyone else who the child resided with for six months. But if CPS find out, they may get involved an try to remove the child from all of you. They will never trust the aunt again.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
The child's aunt can get in trouble for giving you the child if the child is hurt in any way in your possession. There is also the issue of the Court and CPS finding out even if the child is not endangered. You can be in the child's life but not as the child's guardian but once the child is 18 years of age then the adult child makes the decision.
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