Do I need to sign over conservatorship to my mom?

Asked over 1 year ago - Houston, TX

I have 3 kids, but the oldest (will be 9 in July) has made it very clear that he wants to live with his grandma and not change schools after I move in with my bf. I am fine with this arrangement, as I'll still be close and able to visit him every day on my way home from school, and know he's always been a 'grandma's boy' aka closest to her. I just am not sure if I need to actually give her custody or if I can or how to go about this legally since he'd be primarily under her guardianship and living in her home.

My kids all receive medicaid, he has speech therapy services, ADHD in which medication is required. When I re-apply for his benefits, is there something different I must do? Is it legal for me to remain his legal gaurdian, even if he isn't living under the same roof?

Attorney answers (2)

  1. Stephen Andrew Hamer

    Contributor Level 17

    Answered . I am not sure EXACTLY what you want to do, but I'm "hearing" that you would like son to live with your mom (his grandparent), and she and he would like that as well.

    You can execute a valid "Authorization Agreement". You can authorize grandparent relative to performing certain acts (for example, consent to medical treatment, obtaining insurance for child, enrolling in school, authorizing other activities, employment etc.)

    There are requirements for the agreement (in writing, must be sworn before notary, possibly court approval, etc.) SO, consult a local family law attorney regarding executing an Authorization Agreement.
    Good Luck!

    Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not... more
  2. Adam Kielich

    Contributor Level 18

    Answered . This is something you need to discuss with a family lawyer. Your conservatorship may limit your right to turn your child over to your mother. You will also need to make sure you follow the right steps to make the transition smooth for your child.

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