Legal Question in Family Law in Texas

Guardianship

A child has been leagally willed to you to adopt by the child's grandmother (legal Guardian)with the stipulation that an adoption you were already in the middle of become final before you can take custody. In the meantime (while waiting for first adoption to finalize)Grandmother appointed someone else as legal guardian UNTIL that first adoption is final.

First adoption is now final. Does the party who Grandma willed the child to have every legal right to take custody of child or does the legal guardian have the right to keep the child?

Thank you!


Asked on 9/03/05, 5:14 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Guardianship

You have not provided enough information to answer.

I need to know:

Where are the parents of the child?

What court is involved?

If grandmother is legal guardian, she cannot appoint another "guardian" -- Only a judge can appoint another legal guardian.

If an adoption has been finalized by a judge, then the child should be with the adoptive parent(s).

I don't understand your term regarding "legally willed" a child.

I assume grandmother is now dead.

If you send me a more detailed email, perhaps I can help you.

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Answered on 9/04/05, 5:54 pm


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