Legal Question in Family Law in Texas
I would like to get guardianship with parent approval for our 10 year old niece currently living with me. Father is in jail for assault and her mother is deceased. Is there a affidavit or form that he can sign off on giving us the rights to raise the child with his consent without going thru formalities. His former wife is currently seeking Possessive Managerial Conservatorship and the child does not want to go with her or with her real dad when he is released. Dad is willing to sign in the best interest of the child. Any advice
1 Answer from Attorneys
Ex wife has already filed a suit, so you have to meet her on that battle field. File an intervention asking that you be named a joint managing conservator and that you be designated as the conservator with the exclusive right to designate the primary residence of the child.
If his ex had not filed a suit, you could have entered into a Texas Family Code Chapter 34 Authorization Agreement for Nonparent Relative--no court, no lawyers.
But because she has filed suit, you don't have such a short cut available right now.
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