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Can a custodial parent in Texas legally give tempory guardianship to someone without the consent of the non custodial parent.?

Asked almost 3 years ago - Midland, TX

Mother is custodial parent who allowed father to keep child with no formal agreement to attend school . Over spring break, while child was with mother, the father and his girlfriend broke up and he did not have a place to live. Mother assigned tempory guardianship to father's sister so child could continue school. Now father is back with girlfriend and wants child back with him. Mother doesn't trust situation and wants child with his aunt for the remainder of school year.

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Attorney answers (1)

Frank A Selden

Reputation Level 15

Answered almost 3 years ago. Estate Planning Attorney in Bellevue, WA.

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Guardianship and custodial relationship are very different issues. Also, sounds to me like there is a good argument for the father to take the mother to court for modification by showing how the mother has not been exercising her custodial duties, has in fact turned them over to several people and the father wants to be the custodial parent. Wording makes it sound like you are the mother (would be good for this site for people to identify themselves in the fact pattern). While you can sign a document allowing the father's sister some authority over decisions that need to be made at a school you are placing here in a difficult legal position as you do not have the authority to give your custodial rights to her over the father. A court can do that but you have a difficult legal argument based on these facts.

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