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Legal Custody in Texas


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#1 danni_smith32

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Posted 05 March 2012 - 12:58 PM

I have a letter signed by a notary and both parents granting me custody of their child.  I also have a letter from the child in question (due to the fact that a child over 12 years of age can request who had custody over them).  Will this be enough in court?

#2 Ted_from_Texas

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Posted 05 March 2012 - 02:48 PM

Enough for what?  Why are you going to court?


I don't know what these letters say, but they do not grant you custody of the child in question.  Legal custody can only be granted by a court of competent jurisdiction.  I am guessing that the letter from the parents either (a) grants you permission to care for the child in their absence (which is a far cry from custody) or (B) states their wish that you be granted guardianship of their child by the court.


At the age of 12 the child might be able to address the court (either in person or in writing) to voice his or her wish concerning guardiuanship, but it's by no means a given.  The judge may or may not allow the child to express his or her wish, and if so may or may not grant it.


Whether the letters you have will be sufficient to present your case to the court I can't say for certain, but I'd be surprised if the court grants a guardianship (assuming that's your intent) on the strength of a notarized statement without having the opportunity to question the parents in person.  A local family law attorney can look at all the facts and advise whether you have a viable case.  I suggest at least a brief consultation before you head for court.






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