Schertz, TX asked in Family Law and Child Custody for Texas

Q: can i remove my kids from syepmother temporay guardianship. father drown saving son she got a lawyer norified 7days late

the children where not supervise one was drowning.father dies saving him. base on lies the wife has my kids. she turn the accident all on me i dint even live in that state. she went a got a lawyer open a case for emergency guardianship and i dint even know whats going on. she threaten my kids if they told me what happen . is it legal to get my kids from her after i sen in my facts she is after their military benefits with out them she gets the minimum

Related Topics:
2 Lawyer Answers
Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Angleton, TX
  • Licensed in Texas

A: You really need to seek an attorney in the state where the children reside.

Sharita Blacknall
Sharita Blacknall
  • Divorce Lawyer
  • Plano, TX
  • Licensed in Texas

A: Given the gravity of your situation, it's essential to first emphasize a critical point: If the children and the temporary guardianship proceedings are in Texas, you should immediately consult with and retain a family law attorney in Texas. If the proceedings or the children are in a different state, it's imperative to engage legal counsel in that particular jurisdiction. What follows assumes the children are in Texas and is based on the Texas Family Code. However, always remember that this is general information, and consulting an attorney for your specific situation is crucial.

Parental Rights in Texas: As a biological parent, your rights typically take precedence over any third party's, including a stepmother. Nonetheless, the courts primarily aim to determine what's in the best interest of the children.

Temporary Guardianship: If the stepmother was granted temporary guardianship, this decision would suggest the court believed it to be in the children's best interest at the time. Being "temporary" in nature means this status is not set in stone. Should conditions change, or if the foundation for the guardianship is shown to be unfounded, the court may revoke it.

Notification: Proper notification is a foundational element in legal proceedings. If you were not adequately informed about the guardianship proceedings, you might have a basis to challenge any determinations made without your involvement.

Threats & Coercion: Allegations that the stepmother threatened or coerced your children are taken seriously in court. The safety and well-being of children are paramount. If you can provide evidence to substantiate these claims, it could significantly influence the court's decisions.

Motivation for Guardianship: If you believe the stepmother is primarily pursuing guardianship to access the military benefits, this concern should be presented in court. The underlying motivations for such actions can be a determining factor in a judge's decisions.

Again, while this information provides a general overview based on the Texas Family Code, the specifics of your situation are vital. Engaging and consulting with an attorney will provide the best guidance tailored to your unique circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.