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CALawyer
CALawyer, Lawyer
Category: Family Law
Satisfied Customers: 1655
Experience:  California Family Law Attorney
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I am 24 yrs. old and married, I will like to get custody of

Resolved Question:

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
Expert:  CALawyer replied 8 years ago.
What state is this in?
Customer: replied 8 years ago.
Texas
Expert:  CALawyer 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.
Customer: 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?
Expert:  CALawyer 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.

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Customer: 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
Expert:  CALawyer 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.


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Customer: replied 8 years ago.
At what age are the child capable of deciding who they want to live with?
Expert:  CALawyer 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.



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Customer: 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?

Expert:  CALawyer 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"

Customer: 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
Expert:  CALawyer 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.

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

CALawyer and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Ok thanks for your help

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