Obtaining legal guadianship of a minor in texas?

Question

My SIL is willing to give up her girls to us, for the time being. My nieces (6 and 2) are in the state of Oklahoma. They both have different fathers and the 2 year old's father is currently in prison. Both fathers, currently have had nothing to do with either child for over a year and half. This is just some background to get the right answers. =) I know that I have to have a notarized statement of legal guardianship to get the 6 year old into school. However, what other steps can I we take without a lawyer? If the mother is willing to give them up, is a lawyer really needed? We have limited funds right now but need to get these girls out of the situation/enviroment right away.

Answer 1

Even if all the party's are willing i would hire an attorney and get everything done legally threw the courts. we have a case in my office right now who just had a notarized letter from her daughter to give her(the grandmother) full custody of her 3 kids. Well two years later and a whole lot of drugs the daughter is wanting the kids back and claiming that the grandmother stole them from her and made her sign the letter while she was on drugs so she didn't know what she was signing. It has turned into a huge mess. Just get it done properly the first time around and there wont be any problems later. Good luck    

Answer 2

Under Texas law, guardianship and conservatorship are two different things.  

A statutory probate court or a county court will need to approve an application for guardianship and to appoint a person to be guardian of the ward under the Texas Probate Code.  A conservatorship is granted by a district court under the Texas Family Code.  

Not only is a lawyer needed for you to file the application, the court will appoint an attorney for the children to protect their interests.

If you do not have an attorney, use the lawyer referral service of the State Bar of Texas: www.texasbar.com

You do not describe the urgency of the situation.  If the children are in danger, contact CPS immediately: www.dfps.state.tx.us/Child_Protection/Ab...