Legal Question in Family Law in Texas
Can Son give Mother equal custody to Grandson?
My Son has custody of my 18 mo. old Grandson. His mother is in Prison. I care for and keep him most of the time. My Son works almost all time trying to build his new business, and he is agreeable to giving me joint custody, or the same rights as he has, to make decisions in the care of my Grandson, since he is unavailable a lot. He told me to find out what he needed to do. Is there something he can have drawn up and sign without having to pay a lot more attorneys and court fees? Like a Power of Attorney? Guardianship? or What? We want to make sure I can take care of any situations if anything happened and couldn't reach my Son.
2 Answers from Attorneys
Re: Can Son give Mother equal custody to Grandson?
You will need Court approval....
Re: Can Son give Mother equal custody to Grandson?
I disagree ... Your son has legal custody and his wife is in the pokie. She is not going to be getting custody for sure. You have two options which jump right out:
1) You could ask for a Guardianship. This will require a Court action and basically, you ask that the Court grant you the right to be the custodial "parent" for the time of the guardianship.
2) Your son could execute a "Power of Attorney" which would give you the right to do whatever needs to be done in his absense. It needs to be properly worded and so I suggest that an Attorney draft it, but it does not require a Court action.
No, you cannot get custody except under very special circumstances.
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