Can My Sister Keep My Child From Me?

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I asked my sister back in Feb ’14 if she would let my 6-year-old daughter stay at our deceased mother’s house with her (since she unlawfully evicted me) because the house I was staying at had no running water then the electricity was disconnected. I couldn’t allow my daughter to suffer. She agreed. My sister would drop her off in the morning to catch the bus, then she would get dropped off for a few hours after school, I would get her some food whatever I could help her with – homework, play outside – then my sister would come pick her up. Well, we got our electric back on but water was another story. So she stayed with my sister. All this was done by verbal agreement. No paperwork with my signature was ever given. Now it’s the end of the school year. I’ve moved out, she moved back with me. My sister has lost my deceased mother’s house to foreclosure, and moves to Abilene from San Angelo. My daughter wants to go stay for the summer. I agree, meanwhile here I get into altercation with my new roommate and he’s tripping and kicks me out. I don’t have anywhere else to go so go back to the house that had no running water. It comes time for my daughter to go back to school. I can’t find a ride, my sister tells me “send me $50 and I’ll take her back”. She asks me what address, I tell her. She decides to not bring her. We end up in an argument and she threatens me with CPS if I go up there. Her instructions for me to get my daughter was to move out of that house into a safe one. Well I’ve been calling my daughter and she has been telling me some things that I’m a little upset about. Can my sister hold her away from me? I don’t know her address, do how do I go about locating them? What should I do?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It sounds as though you created a verbal agreement with your sister for her to take your daughter. However, based on the information you provided, the agreement sounds quite vague and would not likely stand up in the court of law. Since there is no court order for custody, your sister does not have a legal right to keep your daughter from you. If she refuses to return your child, you need to contact the police.



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Author: House Attorney