If you can qualify as an indigent (within Legal Aid's or West Texas Legal Service's definition) then, yes, you can get them to represent you. I answered this post before and I will repeat that you should get an attorney handle the case. The dad can waive service of process and sign off on the Agreed Order while in prison. Of course, I must warn you that it is not unusual for an inmate to seize the opportunity to make a little trip out of a court proceeding so he may refuse to sign. Below is the recopy of the prior posts.
Boxcarbill
Member
Registered: Dec 2002
Location:
Posts: 230
e: Temporary Guardianship
Multimom said:
What is the name of your state? Texas
My husband and I have had Temporary Guardianship of a minor child (now aged 14) for the last 8 months and the mother has signed a new power of attorney to appoint a temporary guardian naming me and my husband as Temporary Guardians until December 31, 2003.
Is is possible for my husband and I file a petition with the court for permenant guardianship and what documents would the mother be required to sign.
Currently there is a divorce decree granting custody of all 3 children to the father who is in jail. So the mother has the superior right of possession.
The youngest of the 3 children has been permenantly removed from the parents with parental rights having been terminated by CPS. If the parents are agreeable to granting us permenant guardianship or legal custody how would we proceed?
What documents would we need to file and in which court?
Thank you,
O.K. we are in Texas so let's get the terms straight. You're talking about conservatorship not guardianship. Managing conservator (MC) is the parent which has primary physical possession of the child[ren] and the possessory conservator (PC) is the parent with visitations.
So the father is the MC of the children and the mother is the PC of the children (except the youngest child who has had both parents rights terminated.)
You must have the agreement of the father who is the managing conservator as well as the mom, who is next in line for managing conservatorship, to have an agreed modification of conservatorship.
We are not talking about a single document like a Power of Attorney which can be purchased at the local stationary store. I would recommend that you hire a lawyer to be certain that all the legal requirements are met, including determination of the court of proper jurisdiction.
Which was followed by:
COLOR=darkblue] You must have the agreement of the father who is the managing conservator as well as the mom, who is next in line for managing conservatorship, to have an agreed modification of conservatorship. [/COLOR]
Does the family court recognize "managing conservatorship" of an incarcerated parent?
The boy's father has been in jail for over a year and is to remain there for another 2 years. He has no way to exercise his "managing conservator's" rights.
I know he will probably have to sign on anything done through the courts, but right now he doesn't have legal access.
__________________
L. Robertson
Mom to 7
01-04-2003 04:06 PM
Boxcarbill
Member
Registered: Dec 2002
Location:
Posts: 230
Multimom said:
Does the family court recognize "managing conservatorship" of an incarcerated parent?
The boy's father has been in jail for over a year and is to remain there for another 2 years. He has no way to exercise his "managing conservator's" rights.
I know he will probably have to sign on anything done through the courts, but right now he doesn't have legal access.
He is the managing conservator of the children by virtue of a court order. Until such time as another order is entered by a court with jurisdiction to change custody, he will remain managing conservator.