Custody instead of a guardianship for a minor (under 18) child

Custody is handled in the family courts in Texas. Guardianship is handled by the probate courts in Texas.

I don't like guardianships for minor children. Why? They are paper intensive and sometimes more expensive than custody.

I encourage people to consider legal custody for minor children.

You would need to talk to an attorney to determine if you need legal guardianship if a minor child or if legal custody of a minor child would be better.

I can't answer that question for you unless I talk to you about your individual facts.

Some Texas alternatives to guardianships

There are some alternatives to a court ordered guardianship in the State of Texas.

I strongly urge you to talk to an attorney that handles a lot of probate issues to discuss the needs of your case!

Some possible alternatives MIGHT be:

DURABLE POWER OF ATTORNEY - a document a person does to designate another person to act as his agent for financial matters. There are pros and cons to this document.

DURABLE HEALTH CARE POWER OF ATTORNEY - a person designates another person to make medical decisions for them if the person is unable to do so. For example, you are in an automobile accident and in a coma. The doctor cannot talk to you about possible medical treatments available to you. You need another person to talk to the doctor and decide how to proceed. When you regain consciousness, then you would make your own medical decisions.

DIRECTIVE TO PHYSICAN -- ALSO KNOWN AS A "LIVING WILL". You can designate that under certain incurrable or irreversible medical conditions what you want done.

SURROGATE DECISION MAKING - created by the Texas Legislature in 1993. Read the Texas Health and Safety Code Section 313 for details.

Very Brief explanation of Guardianship in the State of Texas

Guardianship is a court order that puts property, fiances and the wellbeing of a person into the hands of another entity. This incoudes humans, associations and corporations.

Who needs a guardianship? People that are judged to be menatally incompetent or are physically unable to care for themselves. This incudes minor children (under the age of 18).

There are several types of guardianships. The person appointed to take care of the person MUST to the court. The guardian appointed by the court is held to a high level of responsibility as dictated by the court.

Guardianships are controlled byt he Texas Probate Code. All Texas codes are available on-line for free. Just go to any major search engine and type in either "Texas Probate Code" or "Texas Codes" and they should pop up.

You need to read Texas Probate Code Section 601 for definitions.

Read Section 602 for a description of the policy and purpose of a guardianship.

A guardian is the person appointed by the Judge to serve as the legal representative for an incapacitated person.

A Judge must find the person is "incapacitated" in order to appoint a guardianship.

There are temporary guardianships and permanent guardianships.

What do I do if I was married outside of Texas?

If you have lived in Texas for at least 6 months and in the same county for 90 days, then you can file for divorce in Texas.

The only problem that might arise if you moved here after you separated and your spouse never has set foot inside the State of Texas. If your spouse has never been to Texas, you need to hire an attorney and discuss the options available to you. It's too complicated here to go into detail.

So: If you are from Louisiana, New York, Brazil, England or Russia, if you have lived in the State of Texas for 6 months and in the same county for 90 days, Texas has jurisdiction to grant you a divorce.

However, if you move every 60 days to a new county but they are all inside the State of Texas, stay put for 90 days in the SAME county and then file for divorce.

Family Law in Texas

Family law is a state specific type of law.

Each state is authorized to make their own laws regarding divorce, paternity, etc.

The State of Texas does NOT care what the State of California does! Don't waste your time researching other states laws if you are involved in a family law case in Texas.

Only the U.S. Supreme Court can interfere with Texas law. The most important case that comes to mind regarding the U S Supreme Court and state courts is the grandparent case that is commonly referred to as Troxel. It limited grandparents rights for most grandparents.

Office of the Texas Attorney General

I would not set foot in the Office of the Texas Attorney General without an attorney.

It's cheaper to do it right the first time instead of trying to fix "the mess" later.

You can visit the TX A G website at http://www.oag.state.tx.us/ Their website has lots of information about child support.

Remember, if you want DNA testing on any child, you need to ask for it at the very first appointment. The TX A G has great pricing on DNA testing since they are the biggest user in Texas.

Once you have been declared the "father" of a child, you are the father -- even if you later do your own DNA testing and determine that the child is not your biological child.

If in doubt, demand DNA (genetic) testing. It's very easy and painless -- a mouth swab is all it takes.

Child Support for College.

In Texas, there is no court ordered child support after the child turns 18 and/or graduates from high school, whichever is later.

No Texas Judge can order a person to pay college expenses for the "child"!

Technically the moment the child turns 18 they are now an adult. Of course, I suspect that 99% of the parents will disagree that their child is an adult, but that's the law in the State of Texas.

If you need help paying for college, I highly recommend SANDRA NEWTON of the College Resource Center located close to Loop 610 and San Felipe.

The College Resource Center -- 1001 W. Loop S., Ste 660, Houston, TX 77027713-783-7575; fax 713-621-0034.

Be sure to tell her that Fran Brochstein sent you!

Sandra worked with my daughter before beginning her freshman year in high school. Sandra was a great motivator for my child. We talked to approx. 3 other people but my daughter preferred Sandra. Since she and Sandra were going to work together, I let her choose the person she felt that she related to the best. Also, hiring Sandra avoided lots of arguments at home. Sandra met with my kid on a regular basis and they discussed her future plans. Her senior year of high school they met a lot - especially when college applications were due. I did not have to monitor deadlines since that was part of Sandra's job!!! My child got 100% of her undergrade program paid for with scholarships and grants. She even received money for books and even housing expenses her senior year of college. Sandra Newton is top notch and I highly recommend her.