Legal Question in Family Law in Texas
Child custody of a friends child
I have a friend who is 26 yrs old. She has 5 yr old daughter she has custody of. She lives with her mother and her brother and his girlfriend. Her mother at times gets upset with my friend and threatens to call CPS on her . My friend is not doing anything to her child that would be considered abusive or wrong. She is worried what might happen down the line and wants to know if she could sign and notarize a paper saying that my husband and I would take custody of her or guadianship or conservator of her daughter if anything happens to her. My friend had some problems when the little girl was like 9 months old. My hubby and I took in the child while my friend was getting some help. We just signed and she signed and notarized a paper then. We were in agreement, when my friend felt she and we felt she could handle things again, she would take her daughter back. We felt after 9 months my friend had it together and was making a life for her and her daughter. So my question is can we just sign a paper with my friend and notarize it and it be a legal document if her mom decides to pull something or attempt to take my friends daughter away. I would appreciate any help in this matter as soon as possible. Thanks..
2 Answers from Attorneys
Re: Child custody of a friends child
You can't pass around a child with "notarized papers". Custody is an order of the Court after all legal requirements are satisfied. If the mother calls CPS, the spaghetti hits the fan. I don't know what the allegations might be, but if CPS is convinced that the child is in danger, the child will be removed from that environment and placed in a safe place (maybe). What you're trying to do is a short cut in the law and won't work. Don't waste your time.
Re: Child custody of a friends child
Additionally, the father has superior rights to the child above any other person. However, if he's in prison, etc. that right can be overcome.
I would suggest that your friend consult with an attorney that does family law and probate law.
You did not include enough information about the parents so I cannot address your question further.
However, there might be some things the mother can do. But her options are much too complicated to discuss in an email.
If the grandmother is making threats, I would highly recommend that she and the child move.
FYI: If mom leaves child with grandmother for 6 months, then grandmother has "standing" (aka "the legal right") to ask a court to give her custody of the child. (If you don't understand that last statement, you definately need to talk to an attorney in person!)
In the Houston area, I highly recommend Patricia Bushman at 8978 Kirby Drive, Houston, TX 77054. Her paralegal and Arlene and tell them that Fran sent you.
713.807.9405.
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