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What is required, in Texas, to take guardianship of a child…

Customer Question
What is required...

What is required , in Texas, to take guardianship of a child if both parents are compliant? My wife's brother has a 12 year-old daughter. He and her mother have not been able to provide a stable environment for her and they wish to sign guardianship to us without relinquishing their rights completely.

Lawyer's Assistant: Have you talked to a lawyer yet?

My wife is working on that. This just came up, but has been an eventuality for some time. CPS has opened a case.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

Submitted: 7 months ago.Category: Family Law
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Answered in 8 minutes by:
12/4/2017
Family Lawyer: JD 1992, Lawyer replied 7 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Family Lawyer: JD 1992, Lawyer replied 7 months ago

Please allow me several minutes to read your facts and type my response.

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Family Lawyer: JD 1992, Lawyer replied 7 months ago

There is a difference in Texas between a Guardianship and a Conservatorship. Generally a Conservatorship is handled through the family court, you must have standing, you can ask the court to set child support and visitation, and directly affect the parental rights. A Guardianship is done through the probate court system, does not have anything to do with child support or visitation, and does not really have to affect the actual parental rights. The court can simply make orders it finds to be in the best interest of the ward (in this case it would be the chid).

It is usually a better idea not to do a Guardianship over a child if both parents are alive and healthy. There are yearly reporting requirements for a guardianship which typically require an attorney to assist you. A case can always be filed in the family for Conservatorship and that court will usually have jurisdiction which may mean that a lot of money is spent obtaining a guardianship which ends up being wasted.

Under the Conservatorship the court can do everything the Guardianship court can do plus additional matters. If you are related to the parents and the parents are in agreement then you should be able to agree that you have standing (which just means the right to bring this issue to the court) and obtain conservatorship.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Category: Family Law
Satisfied Customers: 34,389
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Experience: Began practicing Family Law in 1992

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