This article contains answers to common questions about how to get court-ordered temporary authority to care of a child. This article was written by Texas Legal Services Center [2].
You can go to court to get an order giving you the temporary authority to care for a child. This kind of court order is only available if:
See Texas Family Code chapter 35 [4].
A petition for temporary authorization for care of a child is a document you file in court to ask a judge to sign an order that shows you have the right to make certain decisions for a child.
Yes. At any time, the following parties can ask the court to terminate the order:
The court shall terminate the order on finding there is no longer a need for the order.
Texas Family Code chapter 35.006(b) [5].
A court order granting temporary authorization to care for a child expires on the first anniversary of the date the court signs it—unless the court says it expires sooner. The order can also be renewed if the petitioner shows that the order is still needed.
See Texas Family Code chapters 35.005(d) [6], 35.006(a) [5].
Probably not. Texas Family Code chapter 34 [3] establishes forms for temporarily authorizing care of a child by a nonparent. See Authorization for Nonparent Care of a Child [7].
A court can give you the temporary authority to care for a child if your relationship to the child would make you eligible to consent to treatment under Texas Family Code section 32.001 [8], or eligible to enter an authorization agreement under Texas Family Code chapter 34 [3].
This includes:
Texas Family Code chapter 32.001 [9]; Texas Family Code chapter 34 [3]; Texas Family Code chapter 35.001 [10].
If there is not already an authorization agreement—or another signed, written documentation from a parent, conservator, or guardian that lets the person consent to necessary care for the child—then the caregiver can file the petition and get a court order.
File the petition in the district court in the county where the caregiver lives. The statute says that the child has to have lived with the caregiver for at least 30 days—so this will also be the county where the child resides.
The order may give the petitioner the authority to:
See Texas Family Code 35.005(d) [6].
A petition for temporary authorization for care of a child must include
It also has to describe:
The petition must also contain:
No, a temporary authorization order is not the same as having custody. Please read Texas Family Code chapter 35.007(d) [11]. If you are not a parent and need to learn more about filing for custody (“conservatorship” under Texas law), please review (SAPCR) I need a custody order. I am not the child’s parent. [12]
The temporary authorization order must say that it does not supersede any rights of a parent, conservator, or guardian. This means that a parent, conservator, or guardian continue to have all the same rights they had before the temporary authorization was signed.
TexasLawHelp.org's forms for a court order temporarily authorizing care of a minor can be found here: I need court orders for temporary authorization for care of children. [13]
Or hire a lawyer to draft the forms for you. You will have to go to court, and it is generally best to have an attorney if you appear in court—especially if not everyone agrees that the court should allow a temporary authorization order (see Civil Litigation in Texas [14] for more about going to court). For help finding a lawyer, use TexasLawHelp.org’s Legal Help Finder [15] tool. You might also be able to find a template at your nearest law library [16].
Texas Family Code 35.006(a) [17] allows you to request a renewal of your order for up to one additional year. You have to show a judge that there is a continuing need for the order.
It is good practice to attach a copy of the original temporary authorization order to your motion for renewal.
Texas Family Code 35.005(b) [18] states that if a parent, conservator, or guardian of the child objects to (does not agree with) the request for temporary authorization, the judge should dismiss the case.
If you do not agree with the temporary authorization, you can file a Motion to Dismiss with the clerk’s office and go to the hearing and tell the judge that you object. See I am a parent and I do not agree to give temporary authorization to another person. What can I do? [19]
If the order has already been granted by the judge, you can consider filing a Motion for Termination:
All temporary authorization orders should have an expiration date written on the order. You can check and see if your order has expired or is about to expire. If it has already expired, it is no longer in effect and you do not have to terminate it.
Texas Family Code 35.006(b) [17] states that, at any time, the petitioner, parent, conservator, or guardian of a child can request that the order be terminated. The judge should terminate the order if he or she finds that the order is no longer needed.
See these forms:
© TexasLawHelp.org - Source URL: https://texaslawhelp.org/es/node/4938
Links
[1] https://texaslawhelp.org/es/directory/legal-resource/texaslaw-help
[2] http://www.tlsc.org
[3] http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.34.htm
[4] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.35.htm
[5] http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.35.htm#35.006
[6] http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.35.htm#35.005
[7] https://texaslawhelp.org/es/article/authorization-nonparent-care-child
[8] http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.32.htm#32.001
[9] http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.32.htm
[10] http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.35.htm#35.001
[11] http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.35.htm#35.007
[12] https://texaslawhelp.org/es/toolkit/sapcr-i-need-custody-order-i-am-not-childs-parent
[13] https://www.texaslawhelp.org/node/5959
[14] https://texaslawhelp.org/es/article/civil-litigation-texas-basics-three-phases
[15] https://texaslawhelp.org/es/ayuda-legal/buscador-de-ayuda-legal
[16] https://www.sll.texas.gov/self-help/where-to-go-for-help/law-libraries-of-texas/
[17] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.35.htm#35.006
[18] https://statutes.capitol.texas.gov/Docs/FA/htm/FA.35.htm#35.005
[19] https://texaslawhelp.org/es/faq/i-am-parent-and-i-do-not-agree-give-temporary-authorization-another-person-what-can-i-do
[20] https://texaslawhelp.org/es/form/motion-dismiss-petition-temporary-authorization-care-minor-children
[21] https://texaslawhelp.org/es/form/order-dismissing-petition-authorization-temporary-care-child
[22] https://texaslawhelp.org/es/form/motion-terminate-temporary-authorization
[23] https://texaslawhelp.org/es/form/order-motion-terminate-temporary-authorization