How do i set a court date and what type of evidence and things in that nature would i need to provide for court.

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when my niece was 13 we found out that she was not my brothers biological child but still treated as so anyway. we love that child. She and her mother have never gotten along and her mother use to always mistreat her. lately they have had a constant on and off relationship and it breaks my heart to see her go through it for all these years. we normally get her every holiday , birthday, anytime she gets out of school, just any opportunity we get. she's 16 and i want her to come down here and live with me and my children. show her what a real family is like and how a mother is suppose to love their child. Keep her out of trouble and guide her back to the right direction. but the one thing is , her mother , will not allow her to come stay with us because she get an SSI check, so i wanted to know how do i go about taking the mother to court for custody of the child when they stay in Bryan,Tx and i stay in Waco,Tx

Attorney Answers

3
Dorothea Laster ·
Go and meet with a Family Law attorney in person. There are rules about standing. "Standing" means that to sue about the child, you have to be in the category of people that the law gives the right to sue about that child. Whether you have standing will be based upon a lot of facts including whether the child has lived with you, if so for how long, and whether the child is currently in danger. That type of analysis cannot be done here.
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Maria Lowry ·
Hire a lawyer. Start by discussing whether you have standing. It may be that your brother needs to be filing this suit. You are clearly in over your head if you don't know how to set a hearing. Hire a lawyer.
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Thomas Baker ·
It sounds as though the venue of the case would be Brazos County, Texas. Your problem as i see it legally from your facts is standing to file for parent-child relationship rights to the child. An aunt or uncle can file for custody of a niece or nephew but must show endangering circumstances to the physical health or emotional well-being of the child. It is a tall bar. Talk to counsel in Brazos County; you can talk to family law counsel in McLennan County, but they may have to be willing to travel to do your case. Good luck. You certainly seem to have your head and heart in the right place for your niece.
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