Yes, it is possible for children’s major caretaker to get full legal custody. Let’s talk about what usually has to happen, (1) to understand the custody process, and (2) who has rights in that process. You’ll definitely want to at least talk with a lawyer, since there are going to be competing claims to custody in any custody case. This link can help you find local, low-cost legal advice: http://www.trla.org/.
 
What Kinds Of Custody Are There In Texas?
 
This is especially important for you to understand, because it is very common for kids who are in a bad situation to have changing types of custody. Now, the fact I'm assuming is that you’ve been primarily raising the kids. This may mean the parent(s) are not interested or capable of raising the kids. But the reasons you have present care is going to be a threshold issue, because the law presumes parents can raise their kids.
 
If two parents are fighting over custody, Texas courts prefer they work it out and reach an agreement. This often results in joint legal custody, where both parents have equal say in major decisions. Under Texas Family Code, Chapter 153, Texas custody laws require the best interest of the child always be the primary consideration. http://law.justia.com /codes/texas/2005/fa/005.00.000153.00.html.We’ll talk about that again, later.
 

• Have Evidence Of Your Role

 
I assume you’ve been making basic decisions for the kids, from residence, to medical care, religious upbringing, and where they go to school. It is not necessary you have a highly detailed diary, show every hour kind of journal or calendar. But you should be able to have a general calendar, starting in Year X and coming forward to the present. Receipts can be helpful in giving a general picture of how you have cared for the kids. This way, in case the Texas DFPS tries to intervene, you can show what you have been doing and why the kids should stay where they are.
 

• The Forms Used For Adoption

 
Here are the forms you need to file in court…http://www.txcourts.gov/pubs/pubs-home.asp. They may look complicated, but they are very useful to look through (several times) so that you can begin to see what evidence you need to be awarded custody.
 
 
Who Can Make A Custody Claim?
 
Grandparents have some special rights to seek conservatorship. Here’s an article, and you should read the section on page 7 about grandparents’ rights: http://vernerbrumley. com/downloads/Grandparent%20Rights.pdf.
 
As mentioned, having at least some legal help is almost always essential. Most of us are too close to our own case, to really be able to work well in the legal system. For example, you may have too many details about what happened, while a judge is going to want to get a general picture. So one thing I suggest is to try and get a perspective of what a judge is trained to look for in deciding custody. Everything a judge is supposed to do is through the prism of answering the question: “What is in the best interests of the child(ren)?” Here’s a workbook many judges use to review that process… http://apps.americanbar. org/legalservices/probono/childcustody/judges_guide.pdf. In that booklet, look at page thirty-five, because in your case (as a relative), there will be a real emphasis on mediation. This reflects a court’s desire to keep all the ties of a family as connected as possible, as long as the children benefit from those connections.
 
Here’s a checklist for anyone wanting to be awarded custody:
 

1. Whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing “conservators.”


2. The ability of the conservator to give first priority to the welfare of the child and reach shared decisions in the child's best interest


3. Who can encourage and accept a positive relationship between the child and the other parent


4. Whether the parents participated in child rearing before the filing of your suit


5. The geographical location of the parents' residences.


6. If the children are 12 years of age or older, the children’s preferences regarding who should have the exclusive right to designate the primary residence of the child.


7. Other “relevant” factors such as ability to care for them, abuse, or previous neglect.

The more you work through the process of showing you emphasize the best interests of the children and not your own personal desires to have custody, the stronger your case. One judge has said this often shows when someone wanting custody stops thinking of the custody as something to ‘win.’