Legal Question in Family Law in Texas

I was given temporary guardianship of a mior until october 2025 by the minors mother, paperwork was signed in front of a notary. Her father is an ilegal imigrant who was in jail and has now come back and wants to take the minor away. What can I do?


Asked on 1/11/13, 6:38 am

2 Answers from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Onhe parent cannot give guardianship (actually, probably conservatorship) by himself or herself. Only a court can do that. A notary only certifies that the person signing is who he or she says he or she is; their signature has no other effect.

There is a process for allowing a parent to give a close relative (parent, sibling or child) certain rights, but notice must be given to the other person wyho can then object.

A person who has the right to do so can file a suit affecting the parent-child relationship in a court and ultimately the judge will decide who has the right to make decisions and have possession of the child.

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Answered on 1/11/13, 7:10 am
Fran Brochstein Attorney & Mediator

I absolutely agree with Attorney Leonard.

From your zip code it appears that you live in the Houston area. I no longer litigate - I only mediate. You need to immediately consult with a family law attorney to determine if you have legal standing to bring a lawsuit to ask for custody of this child. I recommend Patricia Bushman at 713-807-9405. Her first appointment is free. Call her today!

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Answered on 1/11/13, 8:13 am


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