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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37357
Experience:  Attorney with 16 years experience
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If a mother signs over gaurdianship of her child to a family

Customer Question

if a mother signs over gaurdianship of her child to a family member and has papers drawn up and never filed with the courts the document was just notarized is this a legal contract and can the mother take back the gaurdianship in Texas
JA: Since laws vary from place to place, what state is this in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: no i am just trying to get information to see if I should get a lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at this time
Submitted: 2 months ago.
Category: Family Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Customer: replied 2 months ago.
ok would it charge me more for a phone call?
Expert:  Barrister replied 2 months ago.

Yes phone calls are extra.

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Those phone call offers are not generated by me, but rather by the JustAnswer website. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

Customer: replied 2 months ago.
if we can continue on the website please with the chat
Expert:  Barrister replied 2 months ago.

If there was never any formal adjudication of guardianship from a probate or family court judge, then any guardianship agreement a parent signed is temporary and revocable by its very nature. Only a court can grant a permanent guardianship or take one away.

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So if a mother signed a guardianship agreement, she can simply revoke it and then retake custody of any children as their contract was a private contract, not one that has been judicially recognized and signed off on by a judge. Most private guardianship agreements become void after 6 months as a matter of law anyway and have to be renewed by the parties to continue on.

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thanks

Barrister

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Customer: replied 2 months ago.
ok great thank u so much
Expert:  Barrister replied 2 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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