We have a juvenile offender, charged with Burglary of a Building. He is a citizen of the US, but his mother is not and is living in Mexico. Father is unknown. Juvenile was living with friends in our town. The son of these friends is a co-defendant in the Burglary charge, so he can't stay there. Mother wants him to come back to Mexico. The school here will not let him attend school because he is here with no legal guardian. Apparently he has an uncle in neighboring county possibly willing to let juvenile live with him, but can we order him to reside with uncle if Mom wants him back in Mexico? Any direction will be greatly appreciated.

I am not sure about the order to live with the uncle over mom's objections; however, I do know that you can DETAIN him on the basis that he is likely to abscond from the jurisdiction of the court and/or has no responsible adult able to bring him to court.

Offer mom a choice. Agree to living with the uncle, or visit your kid in juvi. If I didn't think Scott Brumley would get me for gambling, I'd put money on the result.

Well you're going to have to get him a guardian under 54.01(d) anyway. If suitable I'd ask the court to appoint uncle and go from there. Mom needs to be notified of all the proceedings and if she wants to come here she can apply for a visa. I don't think with her wanting to take him back to Mexico that she is going to meet the requirements of 52.02(a)(1) or 54.01((e)(3).

I agree with Stacy to appoint the Uncle as Guardian. If the court then places him on probation in the custody of the uncle (assuming it is appropriate to do so and the uncle wants custody), then the court ordered custody will trump mother's parental rights for the duration of the probation. The school should be satisfied because he will be in court-ordered legal custody and the uncle will have paperwork to show them. I might even be thinking of placing him in uncle's custody until age 18 - if it is appropriate and feasible. That will protect him until he is 18.