child custody question

[ACS]

Texas

My assistant asked me to ask this fourm a question about her child and a custody issue:

I went to prison and my brother took legal custody of my 9 year old daughter. After my release I was blessed with a new life and straightened out my life. My brother gave my daughter back and she and her sister have been with me for 4 years.
Everything was going great until my now 13 year old became a rebel and being mad at me told my brother that I was mean to her and lied about things that I would never do....such as curse, talk badly about my brother and that I loved her sister more than her.

My daughter told my brother she wants to come back to live with him. He is demanding that I bring her to his house.

When my brother brought my daughter back to me I thought he was giving custody back to me. We never went back to court to reverse the custody. I guess that I really don't have custody.

What are my rights regarding my daughter? Any?

Thank you

 

[adonahee]

You'll have to go to court...

The written custody agreement takes precedence. You'll have to give the child to the brother, because all he'd have to do is call police, and bring them over with a copy of the custody agreement, and the child would have to go anyway. Verbal agreements hold no water. From there, custody would be given based on the current issues - But there's a lot of "iffy" stuff in there - like the crime that put her in jail, and how that last 4 years have played out. The first step is filing for a change in custody, and going from there. An attorney would be of great help.

 

[ACS]

Debra says thank you.

 

[ACS]

Debra posts:

I am overjoyed, my daugther was too much for my brother and his wife to handle. They threw my 13 year old out of the house. She called me crying. I am happy to have her back.

Well, my sister-n-law really caused havic with the staff when she pulled my daughter out of school. I am tring to enroll her back but the school is wanting confirmation on who will be the legal gardian. They have temporarly enrolled her at a school way south of town.

I don't have a great deal of money, I am being assisted by Temporary family Assistance. I did call for free legal aid and they said I make $2.00 more than I should. I make to much money at $9.25 per hour.

I have gotten to know the Judge. Should I write to her and explain what has been going on?

Is there another source for inexpesive aid in Texas?

Is there anything I might need to know that will help me?

Thank you,
Debra

 

[Smarty Panties]

If her brother is willing they can draw up their own custody papers giving her sole custody, file it and if both parties are in agreement, he'll [the judge]sign it. Or they can pay a lawyer a few hundred bucks and have him draw it up (which is probably the best way to go), file it and have it signed by a judge.

 

[ACS]

where can I find an agreement of this nature? The judge's assist said that if all parties are agreeable, then the judge would more than likely sign it.

My Brother didn't bother to ask her what kind of form or aggreement would need to be used.

I looked on the uslegal form website and couldn't find anything.

Thanks smarty

 

[Smarty Panties]

OH gosh..I have never kept up on where to find forms on the net. But I think I would start with the court house. Tell the clerk that you need the form for a change of custody agreement (not sure what the term for that in TX is)