Legal Question in Family Law in Texas

There are three things you can do.

1. Go ahead with full guardianship. That will require attorneys and will impose some reporting requirements on you. However, once it's done, it would be hard for MOM to undo.

2. Ask her to give you conservatorship. That would require ONE attorney to draw up some paper work. Once done, it would be hard for MOM to undo and the attorney general (or a private attorney working for you) could force her to pay child support to you. Even if you just put the support checks in an account for the child, it might come in handy.

3. Enter into an Authorization Agreement for Non-Parent Relative. You do not need any attorney to help with this, just follow the instructions on the forms provided by the state (link below). The downside is that it is not as powerful as guardianship or conservatorship, and it is very easy for MOM to undo it.

http://www.dfps.state.tx.us/documents/child_protection/2638.pdf

A good path would be to do option #3 right away, because that lets you enroll the child in school and take care of normal parenting issues. Once that's done (quickly), you could ask her to make you the managing conservator and her the possessory conservator, but you would need an attorney to draft the paperwork for that. We do that for people so maybe you could find someone in the Conroe area to help you out as well.

Good luck!!

I would be glad to visit with you about your options. The easiest route would be to file a suit affecting the parent child relationship seeking conservatorship of your grandchild. If mom is in agreement and there is no father, that would be easier than a guardainship. I am a board certified specialist in the field of family law practicing in the Houston area. Call me at 713-600-5500 if you want to discuss the matter further.

Bruce C. Zivley