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Gary Michael Ashmore

Gary Ashmore’s Answers

2 total

  • How do we give custody back to the father of his own kids?

    3 years ago my husband and I have were given custody (conservertorship) over our 2 great nieces. The mother is in jail now for at least 1-2 years and the father is now stable and wants custody of them. How do we do that if both my husband and I ...

    Gary’s Answer

    It depends how the Court appointed you and your wife as conservators and if the girls biological parents are part of that order. The father will need to file a Modification asking that he be appointed Managing conservator of his girls and maybe asking that you and your wife stay in their lives as possessory conservators unless the mother is already a conservator.

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  • Do I need a transfer of guardianship for my 17 yr old niece to live with me in Texas?

    My sister in law called today to inform me she needed to send my niece to me and my husband while she finished high school. She is 17, but only for the next 7 months. Do I need her mother to sign over guardianship untill she turns 18, or is she co...

    Gary’s Answer

    In this case, a guardianship may not be necessary. There is a new section in the Family Code that allows for what you want to do without the necessity of a guardianship. What you would need to do is prepare an Agreement under section 34 of the Texas Family Code which would give you the ability to make all important decisions for your niece, including health care, school enrollment, etc. The Agreement can be revoked by the mother at any time. This Agreement works well when everyone is agreeable to its terms and avoids court intervention. You may want to discuss this with an attorney knowledgeable with this specific code section.

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