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Ellen, Lawyer, Consultant
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I am the grandmother of child and the child is currently living

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I am the grandmother of child and the child is currently living with his mother. I have been served papers to go to court and bring grandson with me as case against him is for truancy and not attending school. The papers say a parent/guardian must be present for him to enter a plea. In the state of Texas am I considered a guardian of my grandson even though I do not live with him? His mother may not be able to accompany us to court as she has injured her shoulder and may have to have surgery the week of court.

Thank you

Belinda Munke

FiveStarLaw :

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FiveStarLaw :

The child's mother is the legal guardian of your grandson. Absent a court order to the contrary, you are not your grandchild's legal guardian.

FiveStarLaw :

That said, the mother may provide you with the power of attorney to act in her stead.


I would be glad to respond to any related follow-up questions that you may have when you return online.


How are things going? Is there anything else I can help you with?
Customer: replied 3 years ago.

Thank you for responding so quickly. I think this is all the information I needed. Just want to make sure the state doesn't hold me accountable as they served me the court papers and not the mother. I do not now or have I ever had custody of my grandson although he did live with me and his grandfather for 2 months last year but we did not get legal custody of him. Thank you.

It has been my pleasure to work with you Belinda

Please let me know if I can assist you in the future by requesting me directly.

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