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I'm in a situation with my wife where her youngest sister is…

Customer Question
I'm in a situation...

I'm in a situation with my wife where her youngest sister is being mistreated by her mother. What do we need / to prove in order to gain custody of the younger sister? I am 24 years old and my wife is 22 years old and we both make roughly 110,000 a year so finances is not an issue.

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Not in person, no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The situation is that the youngest sister suffers from an un-diagnosed medical condition in which causes her to wet herself uncontrollably. She has told us multiple times that she just doesn't feel it when it happens. We have taken her to a doctor. At the time the doctor diagnosed her with a UTI but that she needed to go see a specialist to handle the more serious issue of her not able to feel it. Her mother refused to allow us to take her (She does not have the financial means to take herself). Now due to growing up and still wetting herself, she's experiencing some mood swings, most likely put on by either bullying or being left out (that's a different story on its own), her mother thinks its a psychological issue and has sent her to a addict/mental facility to get treatment. The prior therapist we went to had told us that an action this can be harmful to the younger sister and that negative effects would occur but the mother did it anyway.

Submitted: 5 months ago.Category: Family Law
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Customer reply replied 5 months ago
Overall, the path in which the mother is taking towards the youngest sister is harming her and we would like to take custody of her. Above is a simplistic overview of only a small section of what has gone it. The youngest sister is 11 years now. Her mother and father refuse to give the care she truly needs to her. She acts out towards her mother because of the way the mother treats the youngest sister. This is seen because when the youngest sister is with us for a few hours or even a day, she acts completely normal, but with the rest of the family, she lashes out at them
Answered in 16 minutes by:
11/14/2017
Family Lawyer: Bill Attorney, Lawyer replied 5 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,044
Experience: Attorney
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Dear Customer ,

Thank You for posting your family law question today. I'm attorney Bill an experienced attorney offering assistance and support to your custody law question in Texas State.

Parents have preferential custodial rights to their children that can only be terminated upon a showing of abuse, neglect or abandonment.

If the parent or person who has current guardianship rights is being abusive towards the child you should file a report with the CPS.

CPS can remove a child from the parent or guardian if abuse or neglect is found.

https://www.dfps.state.tx.us/child_protection/

To gain guardianship after the child has been removed from an abusive mother you continue with a guardianship petition in the district court for both temporary and permanent guardianship.

A guardianship order will only succeed after a positive finding that both parents are unfit to provide your wife's youngest sister.

The Texas code allows almost all relatives to file a guardianship petition with the court to give them the right to provide temporary and permanent care for a child.

Please follow up with me if you require additional information or support.

We are here to help.

In return remember to rate positively today.

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before exiting today.

Thank You

Attorney Bill

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Customer reply replied 5 months ago
What is needed to show neglect to a child then?
Family Lawyer: Bill Attorney, Lawyer replied 5 months ago

The Texas family code describes neglect as any of the following:

"

4) "Neglect":

(A) includes:

(i) the leaving of a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;

(ii) the following acts or omissions by a person:

(a) placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm to the child;

(b) failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting a substantial risk of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child;

(c) the failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused;

(d) placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or

(e) placing a child in or failing to remove the child from a situation in which the child would be exposed to acts or omissions that constitute abuse under Subdivision (1)(E), (F), (G), (H), or (K) committed against another child; or

(iii) the failure by the person responsible for a child's care, custody, or welfare to permit the child to return to the child's home without arranging for the necessary care for the child after the child has been absent from the home for any reason, including having been in residential placement or having run away; and

(B) does not include the refusal by a person responsible for a child's care, custody, or welfare to permit the child to remain in or return to the child's home resulting in the placement of the child in the conservatorship of the department if:

(i) the child has a severe emotional disturbance;

(ii) the person's refusal is based solely on the person's inability to obtain mental health services necessary to protect the safety and well-being of the child; and

(iii) the person has exhausted all reasonable means available to the person to obtain the mental health services described by Subparagraph (ii)."

We are here to help.

In return remember to rate positively today.

I'm an independent legal expert and rely on your positive feedback to get a credit.

You do this by rating 5*****, 4**** or better.

SO I hope you rate FIVE STARS before exiting today.

Thank You

Attorney Bill

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