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I would like my sister to be my daughter's legal guardian.

Asked about 3 years ago - Dallas, TX

My teenage daughter has been living with my sister for 3 years. I would like to give my sister legal guardianship of my daughter so that she can be added to my sister's health insurance and be able to make decisions concerning her since I live over 250 miles away. We've already had an issue with my daughter having a court case because of an incident at school and a parent had to be present. My sister called me on Monday to tell me that I would have to be present in court on Wednesday. I am disabled and there was no way that I could have made arrangements to get there so quickly. She was under the assumption that she could go being that my daughter does live with her and she recieves ss checks on my daughters behalf. What steps must we take to do this? Do we have to hire an attorney or can we do it on our own? Does her father have to do anything concerning this? He's the reason that my daughter gets the ss checks, but he refuses to help us with this guardianship...does he have to be involved? And if my sister is able to get guardianship, will I have to pay court ordered child support or can I just continue to give my sister money for my daughter. I am in Dallas and they are in Houston. Thank-you!

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Attorney answers (2)

Frank A Selden

Reputation Level 15

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

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Some people sign a Power of Attorney to give a person such as your sister the legal authority to make certain decisions. A POA isn't going to grant everything you want such as the right for your sister to add your daughter to her insurance. Whether that is possible depends on the insurance company. Not all companies allow for guardianships or foster care.

You need to realize what you are giving up with a full guardianship. Not the same as fully vacating your parental rights but the next closest thing. If you are sure that you want to pursue this action then the good news is you do not need an attorney. You might want one as the steps can be a bit complex but if all parties agree and it seems to be in the child's best interests the court can be helpful.

Her father will have a say in the process as his legal rights might decrease as well. For federal purposes your daughter might still be his / your dependant; federal dependant credit, SS checks, child tax credit. Review IRS publication 501 for more information on that issue. I have an AVVO guide on the dependant subject but might not be enough detail for your situation.

Guardianship usually does not create a child support order but not completely out of the question. The guardianship should be filed in the county where you daughter resides. Many courts have a family services self-help office. That is probably a great place to start.

AVVO guide

IRS Pub 501

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Fran Brochstein

Reputation Level 15

Answered about 3 years ago. Mediation Attorney in Houston, TX.

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Instead of using the term "guardianship" I would suggest that you use the term "custody". Guardianship is a probate matter. Custody is a family law matter.

Does Dad have any rights? Depends on what the last court order says.

I would be glad to talk to your sister for $150 for one hour. I need a certified copy of the last court ordered signed by the Judge. That will tell me what his rights are. Even if he won't agree, then it is not the end since your sister has had her for 3 years, your sister has legal standing to ask for custody of the child.

I don't know what the judge will order regarding child support. Normally both parents would have to pay the aunt child support. However, if the parties agree to no child support the court might order only a nominal figure. I can't address that with any certainty since each Judge has a slightly different policy regarding child support.

Best of luck! Happy Holidays!

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