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What is the name of your state? texas

my firends uncle passed away recently leaving behind a 5 yr old natural daughter and a 17 yr old step daughter. the mother of the children and wife to the uncle had passes away 2 yrs earlier. the uncle left a notorized statement signed by the justice of the peace that he wanted his sister to raise the 5 yr old when he passed ( he had cancer and knew he would be passing away) the 17 yr old was going to go live with her natural father. well when the uncle got to sick to care for the girls they went to stay with the sister of the mother. after that the uncles family had been trying to get ahold of the girls so they could see the uncle before he passed but when they tried they couldnt get ahold of anyone. so then the uncle passed last week and they have not been able to find the girls. well today they were contacted by a lawyer for a couple the 17 yr old goes to church with who is allowing both girls to live with them and hired the lawyer to get custody of the 5 yr old for the 17 yr old who does not want to be parted from the 5 yr old. Since the uncle sister has a paper stating she should have custody of the 5 yr old shouldnt the couple turn the child over to her or can they keep her like they r doing? and also would a court give custody of the 5 yr old to a 17 yr old who is not working and has no means of support except from the couple she is staying with?
 


Just Blue

Senior Member
What is the name of your state? texas

my firends uncle passed away recently leaving behind a 5 yr old natural daughter and a 17 yr old step daughter. the mother of the children and wife to the uncle had passes away 2 yrs earlier. the uncle left a notorized statement signed by the justice of the peace that he wanted his sister to raise the 5 yr old when he passed ( he had cancer and knew he would be passing away) the 17 yr old was going to go live with her natural father. well when the uncle got to sick to care for the girls they went to stay with the sister of the mother. after that the uncles family had been trying to get ahold of the girls so they could see the uncle before he passed but when they tried they couldnt get ahold of anyone. so then the uncle passed last week and they have not been able to find the girls. well today they were contacted by a lawyer for a couple the 17 yr old goes to church with who is allowing both girls to live with them and hired the lawyer to get custody of the 5 yr old for the 17 yr old who does not want to be parted from the 5 yr old. Since the uncle sister has a paper stating she should have custody of the 5 yr old shouldnt the couple turn the child over to her or can they keep her like they r doing? and also would a court give custody of the 5 yr old to a 17 yr old who is not working and has no means of support except from the couple she is staying with?

Are the grandparents of the 5 year old alive? If so they have the most legal standing to seek custody. Otherwise the Aunt would. She would need to go to court with the notarized letter (BTW: Is the paper a standby guardianship?) and request emergency custody of the child.
How on earth did both of these children end up with some couple from the stepdaughters church?
The stepdaughter has no standing for custody...she would if she were older and able to support the child, but at 17 no judge would give her custody. Once the Aunt gets custody she better make damn sure she allows very liberal visitation between these two girls...
 
ty for your quick response. i pretty much told my friend the same thing but wanted to make sure i was rite.once again ty, as for why they r with the couple they arent sure if the 17 yr old took the girl and ran away to them or if the mothers sister allowed them to go.
 
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