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Where is your father in this picture?
The reason I ask is because if he is around default custody would fall to him.
My sister and I have different fathers. Her biological father is dead. My mother is not married.
Ok. How old is your sister?
She is 14 years old.
Have you petitioned the court for custody of your sister in Texas?
Not yet. I just found out that my mother has to go to court on Friday and may have to serve jail time. If she does, then I want to try to get custody of my sister. I am in NC right now and will be flying out tomorrow. With it being such short notice, I wasn't sure if I can file an emergency guardianship if she is incarcerated. I would have to bring my sister back to NC with me since I am in the military. I do not know if TX would allow her to leave the state or would grant me guardianship. There is no other family members in TX.
Ok. Thank you for that information. Being that your sister is 14 years old, it is more likely that a Court in Texas would allow you take her to NC, but still going to be difficult.
You need to file a petition to set an emergency custody hearing with the court in Texas.
Talk to the family court clerk's office there in Dallas, and ask if there is a form that you can fill out and file with the court to set the hearing.
In the petition you will ask for temporary custody of your sister, and petition the court to take her out of state. The court usually wants to preserve family relationships, and would rather your sister be placed in your custody as opposed to foster care.
Do I need a lawyer to file a petition or can I fill out the paperwork myself?
If you can afford a lawyer that would be best, XXXXX XXXXX you can not, you can ask the clerk's office if there is a form that you can file with their office to set an emergency hearing with a juvenile referee or judge.
If I file myself, is there court costs that I would have to pay?
It depends on your jurisdiction. Sometimes there are court costs for matters like this and sometimes there is not. That is definitely a question that the clerk you speak to will know.
The family law court may direct you to the juvenile court, but they will all be able to assist you with the form and provide you with information about costs for filing fees, and court costs.
Here is a link to a form for Child POA for Texas. If the mother is not going to jail for harming the child, then she should be able to give a POA and this will help the customer with the court case. http://www.mhatexas.org/mhatexasMAIN/24._Power_of_Attorney.pdf
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