Legal Question in Family Law in Texas

The easiest thing to do is likely to modify the existing conservatorship to give your daughter rights to what you have described but retain the support obligation (even if it is just a medical support obligation) on whatever parent currently has that obligation. Your daughter does not have to become financially obligated to your granddaughter to exercise these rights.

If both biological parents agree to this arrangement then it would be relatively inexpensive to get this done. I mean that is relative to a contested modification suit which can be very expensive. The modification will require filing suit, which is approximately $300 in Dallas County. Although your daughter could do this on her own I really, really recommend that she hires an attorney. The language in the modification order the court signs needs to be very specific to maintain the medicaid eligibility but still give your daughter broad authority over your granddaughter. These things are easily messed up. I would suggest your daughter call around and get some quotes on services. Some family law attorneys may charge several thousand dollars for this work. You could find attorneys charging less.

However, if one or both parents will not cooperate then it could be very expensive to pursue. Your daughter could end up spending a small fortune battling over these rights. I could see whichever parent has the medical support obligation opposing keeping that obligation because the state is probably withholding medical support from his or her paychecks to help reimburse the medicaid expenses. So one area an attorney motivated to help keep legal fees under control can help limit the conflict and cost would be to try to negotiate some alternatives that everybody can agree to.