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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience:  Attorney experienced in all aspects of family law
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I am the maternal mother of two teenagers whom I willingly

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I am the maternal mother of two teenagers whom I willingly gave up my rights to years ago in California. I was on drugs and knew that the best place for my children was not with me at the time so I gave my mother custody of my children. Since then I have been clean and sober for almost 5 years now. My two children (out of 5) have been expressing to me how bad it is where they are living (my mother, sister, and brother in law) because my brother in law is verbally abusive to them. My mother now lives in Texas and I now live in Nevada. My mother won't fight me on this I am pretty sure but I need to know where I should file and what I should file to get custody?
Submitted: 10 months ago.
Category: Family Law
Expert:  Brandon M. replied 10 months ago.

Brandon M. :

Hello there.

Customer:

hi

Brandon M. :

Hi. Thank you for your question.

Brandon M. :

I need just a bit of clarification on something--you said that gave up your rights to your children and you gave custody to your mother. Did you give up your parental rights, or just your custodial rights?

Customer:

parental rights

Customer:

I did it willingly a few years ago when they where young

Brandon M. :

Were your teenaged children adopted by your mother?

Customer:

yes

Customer:

she won't fight me on this well I am pretty sure anyways

Customer:

she adopted them when they were about 4 and 5

Brandon M. :

Ok, when a biological parent gives up her parental rights and the children are adopted by someone else, the biological parent no longer has any legal relationship to the children. They have no more legal right to the children than any other person on the planet. This doesn't mean that it's not possible to get custody of the children, but they have to seek it as though they are a non-family member. This means one of two things has to happen. Either custody must be gained through a guardianship, or custody must be gained by the adoptive parent surrendering parental rights and the biological parent adopting the children.

Brandon M. :

It's much easier to get a guardianship. A guardian essentially has all of the custodial rights that a legal parent does.

Brandon M. :

It appears that you may be typing. I will wait for you to finish before I continue. Take all the time that you need.

Customer:

Ok so if my mother does gives up her rights which state do I file in? California, where I gave up my rights, Texas, where my mother lives, or Nevada , where I live?

Customer:

thank you for waiting

Brandon M. :

The children live in Texas with your mother, correct?

Customer:

yes

Brandon M. :

Have they lived there for at least the past six months?

Customer:

yes

Brandon M. :

You would have to file in Texas.

Customer:

Great. What are the papers called that I need to file?

Customer:

And do I need a lawyer?

Brandon M. :

In which Texas county do the children reside?

Customer:

I am not sure what county but they live in El Paso

Brandon M. :

ok, just a moment please.

Customer:

thank you so very much!

Customer:

I think it is el paso county?

Brandon M. :

Thanks for your patience. The city of El Paso is located in El Paso County, Texas. Texas isn't quite as uniform as what you may have experienced when you relinquished your rights in California. Each county court has different forms, and some counties do not have forms for certain matters. I'm not in El Paso, but it appears that they do not have a copy of the guardianship petition available in a user-friendly form. When a form does not exist, any needs have to be drafted on court pleading paper from scratch. The typical person cannot do this without assistance of counsel. But to be perfectly honest, the process is pretty complex and the typical person wouldn't be able to maneuver through it anyway without the help of a lawyer, especially if there was any chance that it would be contested.

Brandon M. :

Let me provide you with a link that summarizes the process: http://texasguardianship.org/guardianship-information/guardianship-basics/guardianship-process-2/

Brandon M. :

The initial filing for physical custody is called a petition for guardianship of the person. If asking for control over their finances as well (which is typical for kids, even if they don't have any finances), it is called a petition for guardianship of the person and of the estate.

Customer:

Thank you so very much you have been so helpful!

Brandon M. :

It's my pleasure. Did you have any other question?

Brandon M. :

I would just close by saying that because the nuances of every situation are different, this information should not be relied upon as complete or advice until you have had a chance to consult with an attorney practicing in El Paso.

Brandon M. :

But I am glad that I was able to point you in the right direction. Have a good evening :-)

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience: Attorney experienced in all aspects of family law
Brandon M. and other Family Law Specialists are ready to help you
Expert:  Brandon M. replied 10 months ago.
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