My daughter in law left their 4 children with me in Texas and went to live with a man in Kentucky. Their dad is in prison. The mother has not seen any help to support the children. How long do I have to wait before I can file for custody of these children. Also what do I need from my son with him in prison. I live in Polk County,Texas

You need to file for guardianship NOW. Will the mother contest you being named guardian?

Have you attempted to file to collect child support?

(There should be more Grandmothers like you!)

How do I file for guardianship? My son said he would sign anything that is need for me and I am not sure if mother will>

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You go to Family court and apply for temporary guardianship.

Guardianship is not right in Texas generally unless the parents are dead. If you have somehting in writing that the mother has voluntarily relinquished the kids over to you it may speed things up. Otherwise, after six months you will be able to file for custody in a suit affecting the parent child relationship. You should be documenting each call, dollar received, visit... from the mom to help you show the court why you as non-parent custodian, is in the children's best interest. You will have to give each parent notice. If dad is in agreement, that helps. If mom has minimal involvement, that also helps and may help you become the sole mananging conservators, limiting mom's rights. Either way, the parents possession and access to the children will have to be addressed as well. Talk to a local lawyer. Many offer free or low cost initial consultations. Good luck.

You can and should seek guardianship, which is what they do with minor children in Texas ( and most other states)

It is a form of custody but is not that custody of a parent. In Texas there are of course other forms of guardianship.

This is normally the first step before they will consider any change such as adoption of the child ( if you are considering that)

As noted, you will need to document any phone, call, any letters and more. They are not required to send any money since there is no support order from the courts for you to pay them. In fact if there is a support order on your son in prison, it is still valid, since there has been no request for this to be changed.

But none of this can really happen without an attorney, that needs to be your first stop

Guardianship is not right in Texas generally unless the parents are dead. If you have somehting in writing that the mother has voluntarily relinquished the kids over to you it may speed things up. Otherwise, after six months you will be able to file for custody in a suit affecting the parent child relationship. You should be documenting each call, dollar received, visit... from the mom to help you show the court why you as non-parent custodian, is in the children's best interest. You will have to give each parent notice. If dad is in agreement, that helps. If mom has minimal involvement, that also helps and may help you become the sole mananging conservators, limiting mom's rights. Either way, the parents possession and access to the children will have to be addressed as well. Talk to a local lawyer. Many offer free or low cost initial consultations. Good luck.



What? I am reading this: "Children need guardians. Be they parents, step-parents, family members, or friends, someone must be responsible for the safety and development of a child. In some cases, tragic circumstances dictate that hard choices must be made for the best interests of the child, and in these cases the court considers many variables and decides to place the child in the hands of a responsible adult.

It is rarely a quick process, but this delay is to ensure that the potential child guardian is the most correct choice, and to investigate any potential conflicts that could arise during the guardianship of the child. There are also numerous potential legal roadblocks if there is more than one potential guardian involved, especially if one of the potential guardians contests the ability of other guardians. The ensuing battle is often ugly and protracted, and is rarely in the best interests of the child in question.

In situations of divorce where custody is an issue, it is common for courts to appoint a guradian (now most frequently called an amicus attorney) to protect the interests of the child(ren) and to sort through claims and counter claims of each parent and their respective attorney. Child Guardianship lawyers in Texas - legal resources are available." Child Guardianships Lawyer in Texas - Laws, facts and legal resources. (http://www.setexasfamilylaw.com/child_guardian.html)

It's a private site but the info is correct as I read Texas law.

"Guardianship is not right in Texas ..." What does that mean?

Please post your research site so I can read it - it is absolutely at odds with what I have read.