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.


Asked on 5/06/05, 9:50 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

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

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Answered on 5/09/05, 10:19 am


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