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Seeking custody of a younger sibling

If Texas parents cannot provide proper care for their children, a family member, such as an older sibling, may attempt to seek custody to keep the children from going into foster care. However, getting custody can be tricky if the children's parents do not want to relinquish custody or if the older sibling is too close in age to the minor child.

In some cases, the children's parents may be aware that they cannot provide adequate care. However, they may not have had a solution to their problem. If they agree to name an older sibling as their children's legal guardian, the custody case may be less complex and far smoother.

If there will be a custody battle, the older sibling will have to file an application for custody in the court in the jurisdiction where the minor child is living. The older sibling should be able to demonstrate that the parents are neglecting, abusing or otherwise harming the child. Further, the older sibling will need to be able to show that he or she can provide financially and emotionally provide adequate care.

Seeking custody as a family member is often a last resort. However, if there is evidence that the child is not receiving the proper care, is being neglected or is being harmed, an older sibling or other family member may wish to step. Because a child custody dispute of this nature can be difficult for everyone involved, a family law attorney may act as an advocate for the family member seeking custody by assisting with hearings and dealing with the paperwork.

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