QUESTION
How can my boyfriend sign his custody over to his sister?
Asked on Feb 24th, 2019 on Child Custody - Texas
More details to this question:
My boyfriend is in federal prison and wont be home for 10yrs. His ex is a drug addict and just went to jail on three felony charges.
2 ANSWERS
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The father could sign a Non Parent Authorization for Care of Child. The form is at this link: https://texaslawhelp.org/article/authorization-nonparent-care-child
It gives his sister authority to care of the child. If the sister has had the child for 6 months or more, she could file a suit affecting parent-child relationship, but that is a much longer process.
Answered on Mar 17th, 2019 at 8:19 PM
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If there are current court orders, then his sister will need to petition the court to modify those orders to make her the sole managing conservator of the children. Your boyfriend cannot "sign his custody over" but he and the mother will need to consent to the modification suit. Please note that his sister could, if she becomes the legal conservator of the child, eventually petition the court to terminate both parents' parental rights because it sounds like neither parentis going to be available to the child for a period of two years or more because of incarceration. That is grounds for termination of parental rights
Answered on Feb 25th, 2019 at 9:08 AM