Legal Question in Family Law in Texas
Guardianship
My sister-in-law passed away. She had 2 children. One minor, still living at home. His father was paying child support for both children (as he owed for back cs on the oldest). Upon the death, he told the AG's office that the minor, was now living with him. Which he isn't and hasnt. Father has a history of alcohol abuse, arrests etc. The minor lives with his sister who is a 23 year old, single mom.
His sister continues to deal with the AG's office who has now informed her that the case is closed as ''dad'' is the legal custodian & that was that.
How can we attack this issue...guardianship for her...? How can we do that in TX? Do we have to use an attorney...is there ''legal aid'' for people like her that have limited funds...she just applied for food stamps.
They did finalize details with Social Security & she receives a check as payee for him on a monthly basis. It helps but is not enough to offset their living expenses. How can SS recognize that she is the responsible party but not the AG's office of TX ? Where do we go for help?
THanks and hope to hear from you soon.
2 Answers from Attorneys
Re: Guardianship
There is free legal services for people that qualify.
Lone Star Legal might be one in your area.
You can email or call the State Bar of Texas for pro bono organizations in your area.
You do not need guardianship - what you are looking for is CUSTODY of the child. They are 2 very different legal procedures.
Re: Guardianship
Yes, you need an attorney. Everyone has a right to represent themselves, however, you describe a complex situation that should be handled correctly and delicately to protect the future of the children involved. The family should assist her in hiring an attorney, or you should contact the Legal Aid and Catholic Charities organizations in the county where she lives. The AG's office sometimes provides a wonderful service, but it is also a paperwork nightmare. She needs a court order granting her primary conservatorship. She is only 23 and needs the support of her family. TCL
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