My daughter was jailed in San Antonio,TX last weekend for a case in Houston that she has to appear before a judge to be given probation (maybe). I understand Houston has 10 days to come and pick her up and transport her back to their jurisdiction. However, she has a 1 year old that needs to be taken care of immediately. The baby is currently with my other daughter who lives in Lubbock,TX (she was visiting at the time), and needs to return soon. I don't know who long my daughter will be detained, hopefully only a couple of weeks. How do I apply to get emergency temporary guardianship of the baby in the mean time? I need to get her asap.
Go get her. Your daughter being in jail does not interfere with her ability make decisions regarding the child. If she says it is ok, its ok.
I disclaim everything and make no represention of the applicability or accuracy of anything I said here. You are not my client; i am not your attorney. I thought about making this disclaimer as a poem and quickly decided not to do so. Robert Frost can sleep easy.
Chapter 34 of the Texas Family Code will be of help.
Knowledge is power. Hire a professional to listen to all of the facts and help you make informed decisions.
The baby's father has a superior right to yours. He needs to be served in any legal action about the child, including a Ch 34 Authorization.
The legal term is conservatorship.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
Hire an attorney is the answer to your question as to how to get emergency custody. But why not just go get the baby from Lubbock for the time being? Until the baby has resided with you for at least 6 months, you may not have standing to sue about the child. There are a lot of questions to be addressed before you start filing motions with the Court, including whether the father is known and involved, and whether the child's mother consents to you picking the child up.
Ms. Laster practices in Dalla
Texas Family Code
Disclaimer: General content is not to be relied upon or used as specific legal advice in lieu of personal consultation with a licensed attorney.
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