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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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I am trying to get guardianship over my little sister. She

Resolved Question:

I am trying to get guardianship over my little sister. She lives in Dallas, TX. My mother may be going to jail and if so, then my sister would become a ward of the state. I am in the military and currently am stationed in NC. The court date is set for this Friday. What can I do to obtain emergency guardianship and will I be able to take my sister out of state back to NC?
Submitted: 4 years ago.
Category: Family Law
Expert:  Meigs replied 4 years ago.

meigs004 :

Hello! I can definitely assist you with this question

meigs004 :

Allow me to read your facts more closely so that I may better assist you. In the meantime read my standard blurb about accepting answers here on JA>

meigs004 :

If at anytime you feel that I have adequately provided you with an answer to your question, then if you would please click the accept button so that I may be compensated for my work that would be very much appreciated. Also, bonuses are optional, and are certainly not required, but very much appreciated. Remember, clicking the accept button does not prevent you from asking further questions on this post, and will not preclude me from continuing to answer your questions and provide you with research.

meigs004 :

Whe

meigs004 :

Where is your father in this picture?

meigs004 :

The reason I ask is because if he is around default custody would fall to him.

Customer:

My sister and I have different fathers. Her biological father is dead. My mother is not married.

meigs004 :

Ok. How old is your sister?

Customer:

She is 14 years old.

meigs004 :

Have you petitioned the court for custody of your sister in Texas?

Customer:

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.

meigs004 :

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.

meigs004 :

You need to file a petition to set an emergency custody hearing with the court in Texas.

meigs004 :

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.

meigs004 :

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.

Customer:

Do I need a lawyer to file a petition or can I fill out the paperwork myself?

meigs004 :

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.

Customer:

If I file myself, is there court costs that I would have to pay?

meigs004 :

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.

meigs004 :

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.

meigs004 :

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

meigs004 :

If you feel that I have provided you an answer to your satisfaction, if you would please click the accept button so that I may be compensated for my work and research that would be very much appreciated. Clicking the accept button ends this chat, but will not prevent you from asking further questions on this post.

meigs004 :

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