Legal Question in Family Law in Texas
A mother is incarcerated and her mother has her children. If the grandmother wants to give guadianship to another relative, what legal forms are needed, and what does the grandmother need to do to give temp. custody?
Is it necessary for the mother of the children to sign a consent for guardianship, or can this be done by some other method? Is the grandmother entitled to any child support or SSI monies that are now being received by the children's mother? If so, how can she gain access if the mother does not consent?
1 Answer from Attorneys
Unfortunately, you don't specify where you live.
There must be a court of continuing jurisdiction over these children. If so, take the paperwork to an attorney and have him/her review it. Technically, the bio. father is entitled to custody. The father MUST be notified that there is going to be a change of custody.
You do not want guardianship of these kids - that is probate court and it is expensive and paperwork intensive for many reasons.
What you want is custody which is handled in family court.
Go see an experienced family law attorney.
You are asking many complex legal questions that are extremely difficult to attempt to address fully in an email without knowing more facts. You need to sit down with an attorney and discuss your options in person.
Good luck!
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