Legal Question in Family Law in Texas

I have an 18 year old daughter who will be graduating high school in a couple of months and wishes to attend college in our former hometown. My father lives there and has offered to let her move in with him while she attends school. The school in question has a policy that any incoming freshmen must live on campus in a dorm or with their legal guardian, no exceptions. I would like to know if it is possible for me to make my father her legal guardian while she attends college, and if so, how do I go about doing it?

Asked on 2/10/10, 10:47 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

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I don't think so. Normally this is done either under the family code or the probate code.

However since your daughter is 18, the family code cannot designate your father as conservator of your child as the code defines children as under 18.

If your daughter were mentally or physically incompetent, you father in law could be designated as a guardian under the probate code. This would require a doctor's letter stating that she was incompetent. If she was accepted into college, it does not sound like she is incompetent.

I'm not sure why you do not want her to live on campus other than to save money. If so, I suggest you look into scholarships, loans and grants to relieve the financial burden. Also find out when she can move off campus to take advantage of your dad's offer.

Answered on 2/15/10, 11:29 am

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