MY DAUGHTER IS WILLING TO GIVE HER TO ME, DO I ADOPT HER ,SHE BEEN LIVING WITH ME FOR OVER A YEAR...I HAVE A WILL SAYING IF SOMETHING HAPPENS TO MOTHER I GET HER,BUT I WANT TO MAKE IT LEGAL ,WHAT DO I DO
You need to meet with a local family lawyer and have them advise you. You should have standing to file a petition for custody since your grandaughter has been living with you.
Robert Guest is a Kaufman County Criminal Defense Lawyer with offices is Forney, Texas and Rockwall, Texas. My use of Avvo is not intended to form an attorney-client relationship. Avvo is a limited forum and should never be used as a replacement for a consultation with a local lawyer. My answers are not legal advice. You really need a consultation with a local attorney.
There are several ways to answer your question. First, if your daughter is willing to relinquish her rights and teh father of the child is also willing or has statutory grounds for termination, this is the most permenant situation for your granddaughter. If the is not the case then you are probably looking at a Conservtorship proceeding as the second most permenant situation. Your daughter can conset to you filing the suit, but you will have to notify the father after filing the suit of your intent. I would strongly suggest for either of the above situations, that you seek the guidance of a family law attorney. Your third option, it to enter into a written contractual agreement authorized by the family code for want most people term "custody" of your granddaughter. It is completely revocable by the mother, but in that situation, it is evidence of standing to bring your own suit. Finally, your third option is to do a limited power of attorney for a child in which your daughter can delineate that you have her parental rights for a specified time or starting at a specified time and ending only upon written revocation. To find what option is going to best for you though, you need to contact a lawyer that deal specifically in family law.