Legal Question in Family Law in Texas

Re: guardianship for my cousin's new born

You can go to court and ask for custody. Of course, both parents would need to be notified of the litigation.

The mother can sign a document stating that you can take the baby but she can revoke it at any time.

Of course, if she does NOT have the child and continues to receive WIC, etc. that is a crime.

Check with your health insurance about adding the child to your policy. Find out what they need - a letter from the mom or a court order.

Both parents should be paying you child support if you are raising the child.

Good luck!

You need to check with a Colorado attorney about your rights in that state.

You need to know how long you must have the child in your home before you can file for custody of the child in Colorado.

Re: guardianship for my cousin's new born

You may want to re-post this question to Colorado Law. Once mom brings the child to you and leaves the child, then Colorado law will prevail. If mom and dad are cooperative with the arrangements, then your costs should be minimal. It is VERY important that you get a court order, however, as without it you could be uprooted anytime before the child turns 18. TCL

Re: guardianship for my cousin's new born

Thank you for contacting us with your legal questions. My name is Hollie Hinton and I am an attorney here at The Harris Law Firm, P.C.

In order to be "safe" about bringing your cousin's child to Colorado, you will need a document signed by your cousin and notarized giving you legal power of attorney for guardianship of the child. The power of attorney is limited in time and revocable by the parent.

Additionally, your cousin will not be able to continue to receive WIC if the child is not in her care. You will need to contact a medicaid representative in Colorado to determine if the child can continue on Medicaid.

Another option, which would be more permanent and not allow your cousin to revoke your authority as guardian, is to file a motion for allocation of parental responsibilities. This will means you will have to involve the courts once the child is in Colorado.

Please feel free to contact our firm if you need additional information and would like to talk to an attorney about your situation in greater detail. Our firm offers a 45-minute initial consultation for $150 and would be glad to speak with you.

Thank you again for contacting us with your question.

Hollie A. Hinton, Esq.

THE HARRIS LAW FIRM, P.C.

1125 17th Street, Suite 1820

Denver, CO 80202

www.HarrisFamilyLaw.com

www.ColoradoDivorceInfo.com

Referrals Always Welcomed

THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE.

DISCLAIMER: No attorney - client relationship exists, or is in any way created by, this e-mail communication. The general information given is intended to be a starting point only by describing general aspects of the law - it is important that you consult with an attorney with regard to your specific legal rights.