Gary Michael Ashmore’s Answers

Gary Michael Ashmore

Dallas Probate Attorney.

Contributor Level 9
  1. How do we give custody back to the father of his own kids?

    Answered almost 4 years ago.

    1. Gary Michael Ashmore
    1 lawyer 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.

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

    Answered almost 4 years ago.

    1. Jeffrey Albert Yates
    2. Gary Michael Ashmore
    2 lawyer answers

    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...