Legal Question in Family Law in Texas
Guardianship
I have an 8 year old daughter and I have full custody of her. He father continues to have a girlfriend pick her up and make threats. I have been married for 3 years now and I would like to make my husband her legal guardian now in case of any emergency. My ex has already made it clear that if she was in his care and anything happened to me, that he would not let her come back home. So, I was wondering one, if a guardianship would give him that right, and two, what would I need to do to get this done. I also need it in case I am incapacitated and he needed to make life or death decisions for her. Of course, financially we are unable to go back to court and that is the main reason that we have not gotten legal counsel. Also, do I have to release my daughter into the girlfriend's care if he is unable to pick her up on his Friday nights? My concern that if anything were to happen to my daughter in her care, she would have no rights to take care of her. God Bless!
1 Answer from Attorneys
Re: Guardianship
Regarding allow women to pick up your child, read the paperwork that the Judge signed. If it says that only ex can pick up the child, then you don't need to release her to a woman.
If it says that you must release the child to any adult that your ex authorizes, I'd want written authorization from your ex. Then I'd make sure you saw the woman's driver's license and proof of auto insurance before you release the child, if you don't know the woman. I'd want her name, address and phone numbers. I'd especially want this if a different woman showed up each week. If it's the same woman, then get it once and you're done.
I'd ask your ex to write a handwritten note stating that this woman has permission to pick the child up.
I don't know the judge assigned to your case so perhaps that judge might think I'm being too careful. That's up for a judge to decide. I'd call your local sheriff or police and see what they recommend.
You can't give your current husband guardianship of the child. You need a court order to do guardianship. Obviously "guardianship" in Texas is not what you are thinking of that you want for your new husband.
If you are incapacitated, then your ex as the child's parent would make decisions for her.
I had a document that was signed by me and notarized for all people that ever had my child --all her grandparents (maternal and paternal), aunt and uncles and babysitters. No one ever had to use it (thankfully!) but my ex and I agreed to never let her go with anyone without an authorization to handle emergency medical decisions for her.
If you think there might be a problem in the future, start saving your money NOW for future litigation.
Your child is 8 and you have 10 more years. I urge you to have a fund in case your ex files a modification on you.