Legal Question in Family Law in Texas

Temporary custody of childred

My husbands sister was just dignosed with By-Polor and was hospitalized for 1 1/2 weeks released and went to a women shelter. It is really hard to get ahold of her here. And father works across town. She has two children (5-8) had filed about 3 years ago for seperation from husband. She has costodial custody and he has non costodial. Right now me (sister n law) and the father is careing for the children. Can the mother give temporary custody to me (sister n law) and her brother?

and how do you go about this? Also, does a lawyer have to be present to get power of attoney for care and custody of child, children and ward. Can it just be noterized and signed by her?


Asked on 9/06/05, 1:27 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Temporary custody of childred

If the divorce was filed in Harris County, Texas and it was never finalized, then the case has probably been dismissed by now.

If the divorce lawsuit was dismissed, then no one has been designated as the primary caregiver of the children.

If the case was in another county, it could still be pending.

If the mother can't have custody of the children, then the father can go to court and ask for a modification declaring him to have the child.

A lot of people appoint someone else to make sure the child gets medical care if the child gets sick or injured while in their possession. I used one for many years for my kids. I got a sample form from the pediatrician and I typed it up and had it notarized.

Good luck!

Fran Brochstein

[email protected]

713-847-6000

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Answered on 9/06/05, 3:09 pm


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