Legal Question in Family Law in Texas

I don't know the exact requirements of your insurance carrier and I doubt the person you talked to at the insurance company or HR really understands Texas Family Law, so we may end up batting you back and forth a little until we land on a workable solution. You can do any of the following, which should authorize you to enroll the child for insurance:

1. GUARDIANSHIP: You could become a guardian of the child. Once that is done, you could even sign an agreed order terminating the guardianship, give it to your daughter, and tell her she can file it at any time. It's kind of like the old tradition of cabinet secretaries tendering their resignation to the President on their first day in office. He keeps it in a drawer and pulls it out when he's ready to cut them loose. (An old LBJ trick) That would clearly satisfy your insurance company and would give your daughter some protection. The biological father would have to be notified and would need to consent.

2. CONSERVATORSHIP: Because the child has been living with you for more than 6 months, you could file an original petition that would appoint you as *A* joint managing conservator of the child under Texas Family Code 102.003. If the mom and dad both agreed to this, I think the insurance company would accept it and let you enroll the child. Again, you could sign an agreed order removing yourself as conservator and give the agreed order to your daughter so that she knows she can remove you at any time.

3. AGREEMENT: Under Chapter 34 of the Texas Family Code, you and the mother can enter into an "Authorization Agreement for Nonparent Relative". Section 34.002(a)(2) of the Texas Family Code says that you can do this for the purpose of obtaining insurance for the child. You can enter into this agreement with just your daughter's consent, but the dad would have to be notified. The official form for this is here: http://www.dfps.state.tx.us/documents/child_protection/2638.pdf

If the insurance company will accept this agreement as the basis of you enrolling the child under your benefits, this is the easiest route. It does not require a lawsuit, it does not require the father's active consent (although he has to be notified and can object), and it does not take any rights away from the parents or give you any rights beyond being able to care for the child.

These authorization agreements are a relatively new feature of the Texas Family Code and are not used that often--yet. If you go this route, be sure an follow the instructions on the form very carefully. It's a powerful agreement, but it must be entered into and executed exactly as it states for it to be valid.

You are a blessing in this baby's life.

Good luck!!