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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have guardianship papers for my great nephew that his mother

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I have guardianship papers for my great nephew that his mother signed, she is the custodial parent. My nephew is afraid that his mother will try to make him go back and live with her. He does not want this to happen. Can I get cutody of my nephew or would it be best for him to file for emacipation. He is 15 almost 16 years of age. He has lived with me for over a year.

Zachary D. Norris :


Zachary D. Norris :

I saw your request for me.

Zachary D. Norris :

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I am new to this site and do not know how it I pay you again after joining this site?


This expert did not anser my queston so I am not satisfied with a no answer!


I got no answer to my question

I have submitted an answer to you through the Q&A format, as the chat format is not working on my computer for some reason. If you have the need for a follow up question, or want to discuss what I've told you further, simply press reply and that will send your question to me.

OK. I'm seeing your question now. There is a technical problem on my end that prevents me from chatting.

Trying to terminate a parents right to custody is something that can be done. However, it can prove to be expensive costing around at least $15,000 in attorneys fees. I don't know of the specifics in your case, but the fact that your nephew wants to live with you rather than his mother may be of some help. You would need to consult a family law attorney in your area who would be able to help you. It's not a procedure that I would recommend you attempting on your own without hiring a lawyer.

Since you have temporary guardianship, then your plan to seek emancipation may work. You would likely need to help your nephew get a job and you would need to probably open a bank account in his name and transfer money into his account to show he is capable of taking care of himself. In effect, you need to help him meet all the criteria that are listed in the law section I sent you. If he meets that criteria along with your support of the petition as temporary guardian, the court may very well grant the emancipation.

In the end it will be up to the judge.

Please let me know if this helps
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