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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello, How do I request guardianship for my granddaughter

Resolved Question:

Hello,
How do I request guardianship for my granddaughter? Do I have to get a lawyer or can I fill out a particular form and file it and pay the court costs to see a judge? She has lived with me since she was born..she is 6 years old now. Her mother is in and out of her life and takes no financial, or otherwise, responsibility for her. The father lives in Iowa. Since my granddaughter is on medicaid, her mother was forced to file for child support with the father. He does pay when he works, but all of that money goes into my daughter's bank account and she does not give me any of it. The father wants me to get the child support. How would I go about that? Can I file for child support on both parents since I am the one taking care of this child?
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

You can file for guardianship of your granddaughter yourself without an attorney (although I would recommend that you hire one, or at least seek help from a local legal aid office) because you must serve both parents with the lawsuit and give them an opportunity to respond to the petition - part of due process. If you don't properly serve the parents, it could void the whole process.

 

The court clerk or your local legal aid office should be able to provide you with a form you can fill out if you want to do this on your own. Here are the laws on guardianship in Texas: http://law.onecle.com/texas/probate/chapterXIII.html

 

Once you are appointed as guardian, you can file for child support from both parents to assist you with caring for the child.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26689
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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