Legal Question in Family Law in Texas

Temporary Custody

I have a friend that has been taking care of a child for seven months while the mother is incarcerated. And the childs family refused to accept any responsibility. What steps need to be taken in order to provide medical care if it is needed? What needs to be done to establish gurdianship?


Asked on 12/23/05, 10:23 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Temporary Custody

If your friend has had the child over 6 months, then your friend can ask a court to appoint him/her custody of the child.

Custody in family court is very different from guardianship. I recommend asking a court for custody.

I would encourage your friend to run to an attorney's office before the mother gets out of jail.

The mother and father (if any) of the child would need to be notified of the custody case. I'd ask for temporary orders so that your friend could have legal standing to keep the child -- so that's mom's family cannot interfer now.

Good luck!

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Answered on 12/30/05, 1:50 am


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