In Texas, can my son simply sign over custody of my granddaughter to me?
Full Question:
In Texas, can my son simply sign over custody of my granddaughter to me? Her mother is completely out of the picture.
05/26/2009 |
Category: Guardianship |
State: Texas |
#16779
Answer:
Yes, a person may appoint a guardian for a minor by written declaration in Texas. Please see the forms at the links below.
The following is a TX statute:
§ 677A PROB. CODE. Written Declarations by Certain Parents to
Appoint Guardians for Their Children
(a) A written declaration appointing an eligible person to be guardian
of the person of the parent's child under Section 676(d) or 677(b) of
this code must be signed by the declarant and be:
(1) written wholly in the handwriting of the declarant; or
(2) attested to in the presence of the declarant by at least two
credible witnesses 14 years of age or older who are not named as guardian
or alternate guardian in the declaration.
(b) A declaration that is not written wholly in the handwriting of the
declarant may be signed by another person for the declarant under the
direction of and in the presence of the declarant.
(c) A declaration described by Subsection (a)(2) of this section may
have attached a self-proving affidavit signed by the declarant and the
witnesses attesting to the competence of the declarant and the execution
of the declaration.
(d) The declaration and any self-proving affidavit may be filed with
the court at any time after the application for appointment of a guardian
is filed and before a guardian is appointed.
(e) If the designated guardian does not qualify, is dead, refuses to
serve, resigns, or dies after being appointed guardian, or is otherwise
unavailable to serve as guardian, the court shall appoint the next
eligible designated alternate guardian named in the declaration. If the
guardian and all alternate guardians do not qualify, are dead, refuse to
serve, or later die or resign, the court shall appoint another person to
serve as otherwise provided by this code.
(f) The declarant may revoke a declaration in any manner provided for
the revocation of a will under Section 63 of this code, including the
subsequent reexecution of the declaration in the manner required for the
original declaration.
677B PROB. CODE. Proof of Written Declaration of Certain Parents to
Designate Childrens' Guardian
(a) In this section:
(1) "Declaration" means a written declaration of a person that:
(A) appoints a guardian for the person's child under Section 676(d) or
677(b) of this code; and
(B) satisfies the requirements of Section 677A of this code.
(2) "Self-proving affidavit" means an affidavit the form and content of
which substantially complies with the requirements of Section 677A(g) of
this code.
(3) "Self-proving declaration" includes a self-proving affidavit that
is attached or annexed to a declaration.
(b) If a declaration is self-proved, the court may admit the
declaration into evidence without the testimony of witnesses attesting to
the competency of the declarant and the execution of the declaration.
Additional proof of the execution of the declaration with the formalities
and solemnities and under the circumstances required to make it a valid
declaration is not necessary.
(c) At any time during the declarant's lifetime, a written declaration
described by Section 677A(a)(1) of this code may be made self-proved in
the same form and manner a will written wholly in the handwriting of a
testator is made self-proved under Section 60 of this code.
(d) A properly executed and witnessed self-proving declaration and
affidavit, including a declaration and affidavit described by
Section 677A(c) of this code, are prima facie evidence that the declarant was
competent at the time the declarant executed the declaration and that the
guardian named in the declaration would serve the best interests of the
ward.
(e) A written declaration described by Section 677A(a)(1) of this code
that is not self-proved may be proved in the same manner a will written
wholly in the handwriting of the testator is proved under Section 84 of
this code.
(f) A written declaration described by Section 677A(a)(2) of this code
that is not self-proved may be proved in the same manner an attested
written will produced in court is proved under Section 84 of this code.
