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I am 24 yrs. old and married, I will like to get custody of

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my 2 siblings. they are...
I am 24 yrs. old and married, I will like to get custody of my 2 siblings. they are not happy at my moms home, she is always putting herself and my dad first before them. Most recently he hit her, my brother (the one I am trying to get custody for) diffend her and he got hit too, my mom stayed with my dad, but my brother was hurt, all he did to diffend her and for her to stay with him and force them to talk to him like nothing happen really got the whole family upset. Then she found out he was cheating on her and he left the house, only to come back a month later, and the same thing, to force my siblings to act like nothing happen. I don't think this is a healthy environment for them and they want to leave the house. I don't want for them to go anywhere else I want to have them and they want to live with me. Please let me know the possibilities that I have to keep legal custody of them, brother 15 old and sister 16. We want to do things right and legal, enroll them in school... etc
Submitted: 8 years ago.Category: Family Law
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2/1/2009
Family Lawyer: CALawyer, Lawyer replied 8 years ago
CALawyer
CALawyer, Lawyer
Category: Family Law
Satisfied Customers: 1,655
Experience: California Family Law Attorney
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What state is this in?
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Customer reply replied 8 years ago
Texas
Family Lawyer: CALawyer, Lawyer replied 8 years ago
Where a court allows a non-parent custody, it is called a guardianship.

In order to force a guardianship, you would need to establish that the parents are unfit. It is very difficult to prove that a parent is unfit, but it is possible where there is chronic drug or alcohol abuse, child abuse, sexual misconduct, or mental illness. If you can establish that the parent's home is dangerous for the children, then you may be able to obtain a guardianship by filing a petition with the Courts and presenting your evidence.

If the parents would agree to allow the guardianship, then it would be no problem to obtain the order from the Court after filing the petition.
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Customer reply replied 8 years ago
What kind of evidence would I need? She is obcess with him and everybody in our family knows that. He sexually abuse me and she took him back,didn't care what he did to me. would witnesses be fine?
Family Lawyer: CALawyer, Lawyer replied 8 years ago
Witnesses are the evidence that is most common in these cases, but it also helps if you can have statements from experts like psychologists, psychiatrists, etc.

If there has been a history of child welfare services involvement, their reports are also very helpful to the extent that they aren't confidential.

Other evidence might include poor grades, misconduct by the children, or evidence tending to show that the children aren't doing well in the parent's care.

If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!
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Customer reply replied 8 years ago
they have gone to school conselors and they have told my mom to go to some classes to get help, they went one time and stopped going
Family Lawyer: CALawyer, Lawyer replied 8 years ago
School counselors often end up being very good witnesses in these type of cases. I've used them more than once.

Another thing is if you can find criminal records and/or police reports, those are useful as well.


If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!
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Customer reply replied 8 years ago
At what age are the child capable of deciding who they want to live with?
Family Lawyer: CALawyer, Lawyer replied 8 years ago
Once they reach 18 they can decide where they want to live.

Once they are of sufficient age to be able to express a meaningful preference (usually 12 years old or so), the Court will take their preference into consideration in making their decision. Generally, the older the minor the more weight the Court gives to their preference.



If this information was helpful, please click ACCEPT to give me credit for answering. Bonuses and positive feedback are appreciated if deserved. If you need any clarification, just post a reply. Thanks!


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Customer reply replied 8 years ago

in the worse case ,what is the worse that could happen if I bring them home with out my parents permision?

Family Lawyer: CALawyer, Lawyer replied 8 years ago
In the absolute worst case, you could be charged with a number of crimes including "Enticing a Child" "Harboring a Runaway" and potentially (although not likely) "Kidnapping"

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Customer reply replied 8 years ago
my other sister ran away when she was 17 and my parents couldn't do anything about it because the police told them that once you are 16 you can dicide where you want to live, I was the one who called the police and that is what they told me
Family Lawyer: CALawyer, Lawyer replied 8 years ago
At 16 a child can petition the Court to be emancipated, but short of that they can't simply decide to move out or not be under the parent's control.

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Customer reply replied 8 years ago
WHAT DOES EMANCIPATED MEANS?
Family Lawyer: CALawyer, Lawyer replied 8 years ago
It basically means that the child becomes an adult for legal/custody purposes before they are 18.

CALawyer
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Category: Family Law
Satisfied Customers: 1,655
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Customer reply replied 8 years ago
Ok thanks for your help
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CALawyer
CALawyer
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