Hey guys, I’ve got a question. What are the custody rights for non-parents in Texas? Specifically, I’m looking into filing for custody of a child who’s related to me but not my biological child. Does anyone have experience with this or know where I can find information about it? I’m curious about the process after filing, like what happens when the papers are served to the parents. Can anyone walk me through what to expect in court, like what will be asked, discussed, or examined?
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We’re currently going through this process. The parents will receive notice to respond either to the lawyer or the court within 20 to 25 days. If they don’t respond, our lawyer can proceed with a hearing before a judge, though hearings typically involve both parties. Following this, there’s a mandatory 6-month mediation period between the parents and us as non-parents. If the parents still don’t respond, it could lead to a default hearing. Typically, it takes about 6 months to reach this stage after being served.
If the parents do respond, then we as non-parents must demonstrate that the parents are unfit to care for the child. In our case, the child has been in therapy for abuse and has lived with us for over 6 months, which is a requirement for filing for custody.
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I have gone through this process in Bell County. In my case, the child was not related to me, but I had been caring for her long enough to establish legal standing to bring suit.
Step 1: Legal Standing You must determine if you have the legal standing to bring suit. Read more about this here: Texas Family Code Section 102.
Stepp 2: Appropriate Venue Next, figure out the appropriate venue for the suit. This depends on several factors, such as whether there is an existing order regarding the child and where the child has been living. In my case, even though we were not living in Bell County, I filed a modification there because it was where her parents had divorced and where an existing order needed to be changed.
Step 3: Filing the Suit File the suit with the county courthouse and hire a professional process server to serve the parents. The parents might either contest or agree to transfer responsibility. The best-case scenario is an agreed order, which allows you to go to the uncontested docket with the signed order and have the judge approve it. If the parents contest, it could go to trial, and I do not recommend handling that yourself.
You may be able to find assistance with the forms and processes at your local law library, usually located inside or near the courthouse.
Hope this helps.
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You would need to submit a motion requesting a hearing. You can look through DuckDuckGo and select the samples that best suit your needs. Look at justanswers.com.