Legal Question in Family Law in Texas

Can I live with my grandparents, who live 4 hours away, without my parents giving up their guardianship rights? I am about to be 16 and would like to go to the school there to get away from where I live and who is in the area I live.


Asked on 1/25/12, 7:44 pm

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

I'm not sure what you mean about your parents' guardianship rights. If they are actually your parents, and you're living with them, there's no guardianship involved. I think you just mean parental rights--if not, the situation's a little different. If your parents are willing to agree to that, then that's fine. It's their decision to make as your parents. If there is some concern that your grandmother might try to file for conservatorship of you after your lived there awhile, my guess is that your parents would just say no, because the whole situation just doesn't sound good. They can execute a document called a Nonparent Relative Authorization Agreement that would allow your grandmother to do things like enroll you in school and take you to the doctor, but it's true that after six months, if she were so inclined, she could file suit with a family court to obtain official custody. The court wouldn't necessarily do that, but it's certainly a possibility. It's probably more of a risk with little kids--at your age, the court would definitely listen to what you had to say on the subject, and odds are good that if you said you'd had enough of living with grandma at that point, you'd be able to move back with your parent unless there's some major problem with them or your home there (like Mom's an alcoholic, Dad beats you every Saturday night, or Cousin Benny the Sex Offender's living in the next bedroom down the hall now). It could still be a hassle, though, and only you and your family really know how likely it is that your grandmother, your parents, and you would be able to all work together successfully to make this work. Good luck.

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Answered on 1/25/12, 9:30 pm


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