[mrscaraway]

I have a child that belong to a former family friend. The child is 13 now and she has been living with me since she was 5. So that is appx 7-8 years. We moved to Austin Tx in Nov of 2005 and right before we moved, I had a social worker to type a paper stating that the mother gave me guardianship rights for the child and we went and had it notarized, it states until the child reaches the age of emancipation according to the laws of Tx. Well now the mother called and wants the child to come back to live with her but the child dose'nt want to go and of course myself and my ex-husband either. My ex-husband sends money to help take care of her also cause we made the agreement together to keep her. The mother lives in the worse contidions you could imagine and she is severely depressed and has to take medication for it. She is also sucidal too. I was wondering what our recourse is to the situation as far as keeping our daughter. Please Help!

[justme8]

You need to fight this in court. You do not have permission to keep the child if the mother is canceling the guardianship. You need to contact Social Services and they will help you, however, the courts seem to be biased in favor of the natural mother, even when she cannot provide a suitable environment. However, don't give up, but you need to contact Social Services and they will tell you how to fight it.

[Fr_Chuck]

First do you have a actual letter signed by the mother giving you guardianship,? A letter from the social worker ( notorised means nothing, that only proves they signed it) was it or the guardianship papers ever signed by the judge?

So at this point as soon as she cancels the guardianship ( if there was ever a legal one to start with) she has the right to just come and get the child, you will have to sue in court for custody or guardianship of the child by proving the mother unfit, the child is allowed to testify.