Legal Question in Family Law in Texas
How to obtain legal guardianship of my neice
My sister is having some severe emotional and substance abuse problems and is unable to take care of her three children. The oldest is 16 years old and has some medical issues. My wife and I are willing to take the 16 year old into our home to continue her education and get her the medical attention she needs. My sister (the mother) is willing to do this and make us her legal guardian in order to get her on my insurance and into our local schools. What do I need to do in order for this to be legal i.e. paperwork, filing etc.? We would like to get this done relativly quick so she doesn't fall further behind.
2 Answers from Attorneys
Re: How to obtain legal guardianship of my neice
Where is the child's father? Is/Was there a court order entered defining custodial and child support rights and obligations? If so, the cleanest safest method to protect you and the child would be to get an agreed order of modification as regards this child.
If not, and you wish to take a more informal route, you should first check with your insurance carrier and find out what they specifically require to provide coverage. Different companies have different requirements. They may only require a written statement from the mom.
You can email me directly if you have additional questions. TCL
Re: How to obtain legal guardianship of my neice
You don't want guardianship -- you want legal custody.
Guardianship is very different than custody. Guardianship is in probate court and custody is in family court.
Custody will accomplish want you want.
Of course, the father must be notified and that might make the case more difficult and expensive.
Good luck!
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