Ayuda de Texas Ley de Preguntas y Respuestas

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:

• The child has lived with the person applying for (at least) the 30-day period right before the date the petition was filed; and
• There is not already a written authorization agreement under Texas Family Code chapter 34 (or some other signed, written documentation from a parent, conservator, or guardian that enables the person to provide necessary care for the child); and
• The parent, conservator, or guardian does not object to the petitioner (that is, the person trying to get the temporary authorization) having the authority to care for the child.

See Texas Family Code chapters 35.001 – 35.007.

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 35.005(d), 35.006(a).

If you have been served with a citation and petition, there is a deadline to file your answer.  

To determine the deadline, find the day you were served on a calendar. Count out 20 more days (including weekends and holidays) then go to the next Monday. You must file your answer with the court on or before this date at 10:00 a.m. If the 20th day falls on a Monday, go to the next Monday. If the courts are closed on the day your answer is due, then your answer is due the next day the courts are open.

If you are served and do not file an answer on or before the deadline, the petitioner can finish the case without any further notice to you. This is called a “default judgment.”

If you have NOT been served with a citation and petition, there is no deadline to file your answer. You can file your answer at any time after the petitioner files a petition (the form that starts the lawsuit) with the court. If you file your answer, the petitioner will not need to have you served.

NOTE: The deadline to file an answer may be different if you have a civil case (such as an eviction or other type of case filed in Justice of the Peace court)

Texas Family Code 35.005(b) 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. 

If the order has already been granted by the judge, you can consider filing a Motion for Termination. 

• Motion to Dismiss Petition for Temporary Authorization for Care of Minor Children
• Order Dismissing Petition for Authorization for Temporary Care of a Child
   

If nonparent (e.g., grandparent) is caring for your child temporarily, you may think you need to do a modification so that the nonparent can take my child to the doctor, enroll them in school, etc.

This is not necessarily the case. If your child is temporarily in the care of a nonparent, you can get a temporary authorization for care of minor children. However, when there is a court order in place, you will need to get permission from the court to do this. You can read more here: Going to Court to Get Temporary Authorization to Care for a Child. If the other parent agrees, and you can reach them, see this article: Authorization for Nonparent Care of a Child. There is a form you can fill out without having to go to court: Authorization Agreement for Nonparent Relative or Voluntary Caregiver is available in the forms bank web site of the Texas Department of Family and Protective Services. 

There is a toolkit for asking the court for temporary authorization here: Temporary Authorization for Care of Minor Child (Texas Family Code 35).