Legal Question in Family Law in Texas
Temporary Guardianship
A very close friend was arrested and sentenced to serve 7 months state time. Her 2 1/2 year old son will be living with me until she is released in May of 2006. We are mostly concerned that i have the ability to consent medical treatment and possibly enroll him in daycare. She has legal custody, there are no pending custody issues involving this child. Does Texas law require me to file temporary guardianship through the courts? Would simply a written and notarized document be exceptable? We would like to take the least expensive and most simple procedure possible. If required to file a form with courts may I file it myself insted of paying an attourny?
1 Answer from Attorneys
Re: Temporary Guardianship
First, please be aware that you are using an improper legal term. You want custody -- not guardianship. Guardianship is a usually used in probate matters. It is very different than custody.
Check with the child's doctor and daycare to see what they want.
If they want you to have legal custody, you would need to do the paperwork. Since Mom would agree, it would be easy. However, Dad would need to be notified.
If Dad wants the kid, he would get custody instead of a non-parent, unless you could prove to the court that he is unfit.
This is much too complicated to go into in an email.
I always tell people to try to do it themselves. That way, they learn how hard the work is and they are then much more willing to pay me for my experience and 3 years of law school.
Good luck!
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