Custody of Nephew

It's actually very VERY easy (although if you want to arrange with the military to add an extra dependent, so the payscale / housing qualifications change, that gets a little more difficult).

The only thing you need is for the parents (aka all parties) to agree. They sign a paper giving you limited guardianship (aka they're not giving up their parental rights) that gives you the right to register him in school and seek medical treatment.

The 4 of you can have a lawyer draft one up for y'all for about $250... or even easier, just head to legal aid on base, and voila.

Just in the interest of thinking outside the box, have you considered allowing your nephew to remain with his wonderful parents and simply having him complete his education through homeschooling? If the issue is merely harassment in the school and he wants to finish his education, then homeschooling could work wonders. He would be motivated to do the work, and he could remain with his parents who could monitor his progress. Homeschooling laws in Texas allow a great deal of flexibility for families seeking to direct the education of their children. You could research homeschool laws on-line at the HSLDA website. As a former family law attorney and a currently homeschooling mother, I just wanted to give you an alternative to consider. If you want to have your nephew live with you, you should consult an attorney to discuss the laws concerning legal custody in your and your nephew's area. Just food for thought.

I don't think so. His parents would need to have his present school send records to the new school and explain the living situation. You would need written permission from his parents to treat him medically too.
God bless you for doing this for your nephew! What a great opportunity this is for him!

As long as both parties are on board, it should be a fairly simple procedure. You'll have to file guardianship papers with the court. They just state that you are your nephews legal guardian. The school won't let him attend with out that paper. You might also have to sign something about child support too. At least that's how it worked for me when I went to live with my aunt and uncle when I was a kid. There wasn't court hearings or anything since all parties were in agreement. There was a child support document though. It was also in the agreement that my dad was to be consulted before any major medical treatments and he was to be notified in any emergency.

This may or may not be as easy as some think. I tried doing something like this and it depends on the school district. Start there and see what they require for enrollment. FBISD is VERY strict on this and you do have to relinquish rights and have the other parent/grandparent have guardianship and that can be an issue if you decide you don't want to return your nephew to his parents. But some schools just have you and the parents come in and sign aging that he is living with you. So go to the school FIRST, then see if you need lawyers, whatever.
If I were his parents I would do whatever necessary to get their kid in a good school environment. School is hard enough and if you have a kid that is struggling you have to be willing to do WHATEVER to help them succeed. Yes, some kids will thrive anywhere and under any situations-some kids just can't. I have soooo been there. Good luck.

Thank you for asking this question I too need to know this answer.

Forget custody, I would suggest to have him drop out, get his GED and look into community college. My sister went to an awful school like that. She was being harassed everyday. She has an exceptionally high IQ. So she dropped out and got her GED.

If it's that bad, I say look at other options rather than moving him away from his supportive parents. Talk to him too, after all he is almost an adult so he should be able to make his own decision.

Also check if the school he currently attends is not accredited. Sometimes school that lose their accreditation have to pay for children to go to another district school if the parents request it. (This happened to the highschool in my home town and the school district had to pay to send kids elsewhere at the parents request.)

Good luck, I hope it works out for him!

EDIT

One additional note, their are online schools that he may be able to graduate from and work at his own pace at home. They are recognized schools too, that is another option he can look into!

The Government just passed about 400 pages of new law regarding guardianship and stuff last year. In my Grandparents Raising Grandchildren's group we have an attorney from OKC who specializes in this field and she is on many committees for making these laws. There are more options now and one of them is a legal paper that gives you the right to enroll someone in school, seek medical treatment, etc...but does not take away parental rights. It is a brand new law. I can't remember what it's called but it's like having a "permission to treat" letter from the parents while you take their child on vacation with you but it is signed by a judge and legally binding so a hospital or physician can trust it more.

If you want to take this child away from his parents then you have to file paperwork in the court system and show cause why the court should give the child to you and not leave them with the parents. You are responsible for all materials presented. You will be responsible for getting testimony of credible witnesses to try and prove your statements, you will have to pay the attorney fess for your attorney and if any professional witnesses have to be paid you'll have to pay them. You would be accusing them of being unfit parents and you have to prove it to the court. They only have to show up and say it's not true. You have to PROVE your case beyond a shadow of a doubt.

We had 4 Child Welfare Workers, 6 witnesses of how my daughter interacted with her children and how often she came to see them at my house, etc.... We had monthly calendars to show what times she had dropped the kids with us and when we saw her again, when she picked the kids up, if she took them for any amount of time, what activities we had them involved in, etc...that was our proof of what we did on a daily basis. But the professionals were the ones who won the case for us. They have credibility in court.

I hope you and his parents can come to an agreement and just do some simple court document that will allow you to help and not be a huge long drawn out proceedure.

Make appointment with lawyer on base (free) get the straight scoop from them. Talk with the parents and get permission and any paperwork (lawyer) go for it. Now is the time.