Legal Question in Family Law in Texas

Guardianship of Minor Children

I am facing a possession of methamphetamine charge, going to court on Monday. I am a single mother of two girls, 15 & 10. Should I have something drawn up for them to have a temporary guardian if they make me serve time for this offense? I think I will get probation, but just in case, I want them to be taken care of and not be taken by CPS. They do not see their father, he lives in Oklahoma. If so, what do I need to do? Thanks!!


Asked on 6/14/07, 7:39 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Guardianship of Minor Children

It is highly unlikely that you will go to jail on your first court appearance.

If this is your first conviction, it is likely that you will receive a probated senctence.

Even if you are tired and convicted,assuming this is a felony, you are entitled to a Pre Sentencing Investigation. If for some reason you waived that, you can ask to turn yourself in X days so you can take care of your girls.

If you do go to prison or jail, the person who takes care of your children will need something to show that they have the right to enroll them in school, take them to the doctor, etc.

There are several ways to go on this. A modification of the current custody order,a court ordered guardianship, or perhaps a power of attorney. You need to speak with a family lawyer as well as your criminal defense attorney to review your options.

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Answered on 6/14/07, 5:42 pm


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