Legal Question in Family Law in Texas
Guardianship vs. Custody
Per the divorce documents, my ex-husband and I share joint custody of our two children age 11, and 6. In the document I was given primary custody. About a 1 1/2 years ago I drew up a document giving my ex-husband ''guardianship'' of my children for an indefinite amount of time, but stated that ''the judgment for joint custody of their minor children will remain in effect''. I signed and notarized the paper but my ex did not although it was an agreement between the two of us and the document was never filed or approved with a court. My question is... Where do my rights stand now? Did I unintentionally modify the actual custody order?
My ex is now almost a year later making it almost impossible to see my children. I have been seeing them regularly up until this point.
1 Answer from Attorneys
Re: Guardianship vs. Custody
The last document the judge signed is the document that controls.
You need a certified copy of that document. It might be a Final Decree of Divorce or a Modification.
You need to take that document to an attorney and have the attorney explain it to you.
Best of luck,
Fran Brochstein