I need to give a nonparent permission to care for my child.

Read Authorization for Nonparent Care of a Child and the overview section of this toolkit. And look over the Authorization Agreement form itself.

If you still have questions, talk to a lawyer. Use the Legal Help Directory for help finding a lawyer.

Deciding who will care for your child when you are unavailable is a big deal. Think carefully about the caregiver's stability. Some questions to ask yourself:

• Is this someone you know and trust?
• What kind of relationship does your child have with the caregiver?
• Does the caregiver have any history of involvement from Child Protective Services, Adult Protective Services, or law enforcement?
• Does the caregiver have the physical, emotional, and financial ability to care for the child for a long period of time, if necessary?
• Do they have legal immigration status, and can they prove it?

Make sure the person you choose is both willing and able to take care of your child. The agreement itself contains a statement that the caregiver voluntarily accepts the authorization.

Discuss these key points with them:

• Duration of Care: They may need to care for your child for an extended period. Make sure they are comfortable with this possibility. Talk about how long it could be.
• Financial Support: Who will cover the costs of caring for the child?
• Living Situation: Who else lives with the caregiver? Does anyone in their household have a criminal record or a history of abuse or neglect with CPS?
• Supervision: Can they provide appropriate supervision for your child?
• Child's Needs: Share any important details about your child's medical needs or educational requirements.
• School Information: Make sure the caregiver knows which school your child attends.

The caregiver must meet certain criteria:

• They must be at least 18 years old.
• If they are the child's parent, their parental rights to the child cannot have been terminated.

Make sure the caregiver understands the nature of the obligation. Reviewing this guide might help them.

Go through the form section by section. Each section explains what information is needed.

For example, in the first section on Page 1, write the child's full name where it says "Child's Full Name."

You will need:

• The child's name and date of birth
• The parent(s) name, current physical address, phone number and any other contact information
• If the parents are not together but the other parent's identity is known, you need that parent’s current physical address, phone number or contact information
• The caregiver's name, current physical address, phone number and any other contact information
• The caregiver's relationship to the child.

On Page 2, there are some boxes to check about whether there has been prior court involvement with the child.

If the child is or has been the subject of a court order, or a case is pending, do not prepare this authorization agreement. You must first get the court's permission. To ask for permission, use the materials available in this guide: I need court approval for an authorization agreement for a nonparent adult caregiver.

Review the first checkbox and check it if the statement below is true.

Important: If there is already an authorization agreement in effect, then you cannot create a new one unless the agreement has been terminated.

Then, you will check either:

If there is a court order affecting the child—such as a divorce decree, order establishing paternity, Texas child support order, or order in Suit Affecting the Parent-Child Relationship—get a copy of those court orders.

Staple the orders to your completed Authorization Agreement.

Texas law says only one court at a time should be making decisions about a child. This is so that there will not be multiple, conflicting orders about that child, and confusion about which order should be followed.

How do you know if there is a court order?

Not sure if you have a court order for your child? Ask yourself:

• Have I been served court papers about this child?
• Have I spoken to a judge or been to court about this child?
• Has anyone been ordered to pay child support for this child?
• Have I attended a meeting about this child with the Texas Attorney General’s Office?
• Did I divorce the other parent after the child was born?

If you answered yes to any of these, there may be a court order.

How do you confirm if there is a court order?

1. Check with the district clerk’s office.

• Contact the clerk in the county where the child lived when the order was issued.
• If the child has moved, you might need to check multiple counties.

2. Use the Inquiry on Court Of Continuing Jurisdiction for a Child. This tool can identify the court that has exclusive jurisdiction in a suit affecting the parent-child relationship (SAPCR).

3. What to Say to the Clerk

• Ask for records related to a Suit Affecting the Parent-Child Relationship (SAPCR) order.
• Provide the case number, or your name and the child’s name.

Note: Some clerks may require a form or offer online access to records.

Additional Note

If you worked with the Texas Attorney General Child Support Division, any “agreement” signed by a judge becomes a court order. You can contact their office or the District Clerk for a copy, though fees may apply.

On Page 4 of the form, indicate how long you want the Authorization to remain in effect.

• Default duration: The agreement lasts six months from the date it is signed and automatically renews for six-month terms. (See Texas Family Code 34.003(a)(1)(A)(i).)
• You can set an expiration date: Specify an expiration date or circumstances in the document.

If you check the appropriate box on the form, the authorization can remain effective after your incapacity or death.

If a court case about the child starts after the authorization is signed, a judge will decide whether the agreement remains in effect.

You will sign the form on Page 6. Do not sign it until you are in front of a notary public. A notary public is someone licensed to give oaths, check that documents are real, and take official statements. Notaries confirm the identities of the people involved, watch people sign papers, give oaths, and certify copies of important documents.

Make sure the nonparent caregiver has important documents and a list of important contacts. Use the Information About the Child for Voluntary Adult Caregivers form to help you gather the details. Then, give the completed form to the caregiver.

The person who will be caring for your child needs to know:

1. Who the child's medical providers are
2. Medicines the child needs
3. Where the child's medical records are
4. Where the child goes to school

Make copies of the following to give to the designated caregiver:

1. The completed authorization agreement
2. Child's birth certificate
3. Child's health records
4. Documentation about the child's public benefits (such as Medicaid/CHIP, Social Security, etc.)
5. Also, ensure the caregiver knows where to find the your child’s original birth certificate and Social Security card.

The caregiver can use the signed authorization agreement to request the child's identification documents. But it is best to be prepared ahead of time so that they already have the identification documents.

Also, your child should know who will care for them in an emergency and how to contact that person.

And, be sure to add the caregiver as an emergency contact in your child’s school records and with their health care providers.

Finally, think about any other resources that might be helpful for the child.

Important: Keep a copy of the final agreement in a safe place for your records.

Did both parents sign the form together?

If they did not, you must mail a copy of the signed authorization agreement to the other parent within 10 days of signing it.

Send the form by certified mail with return receipt requested (or international registered mail, if needed) and also by regular mail.

Exception to Mailing Requirements:

You do not have to mail a copy of the agreement to the other parent if they:

1. Did not sign,
2. Do not have court-ordered visitation or access to the child, and:
   1. A protective order has been issued against them for family violence, or
   2. They have been convicted of a violent or sexual crime against you or your child. (This includes crimes like murder, assault, kidnapping, or similar offenses.)

Read Revoking an Authorization Agreement for Voluntary Nonparent Adult Caregiver and Texas Family Code 34.008.

Complete the Revocation of Authorization Agreement for Voluntary Nonparent Adult Caregiver form and sign it.

1. If there are already orders about this child such as divorce, custody, or child support, fill in the “cause number” at the very top of the form. Leave it blank if there are no orders.
2. Under "In the Interest of the Following Minor Child," fill in all of the child's initials in the blank to the right of "Child’s initials." For example, if the child's name is "Jane Marie Doe," write "J.M.D."
3. If there are already court orders concerning the child, write the number of the court. For example, if a divorce and custody case was signed by the judge in the 254th District Court, write "254th."
   
   Check the appropriate box for the type of court.

You must file the completed form with the clerk in the county where:

• The child lives,
• The child lived when the parent signed the authorization agreement, or
• The nonparent adult caregiver lives.

Additionally, if there are court orders about the child (such as custody, support, or guardianship), you must also file the revocation with the relevant court’s clerk.

For family law cases, that usually means the district clerk’s office. Guardianship cases are in probate court, and the clerk that handles probate court may depend on the county.

Filing ensures that the cancellation is officially recorded and that the court knows about it.

Each party involved needs written notice of the revocation. Give the completed, signed revocation to the other parent and the nonparent voluntary adult caregiver.

Methods:

• Send it to them via U.S. Postal Service. Sending it by certified mail is a good idea.
• Email it to them as a PDF (and save the proof it was sent).
• Hand it to them in person, if it is safe to do so. Ask for a signed acknowledgment from the parties who receive the revocation, or bring a witness with you.

It is a good idea to give the revocation to third parties like the child’s school and health care providers, too.

Keep several copies of the signed revocation form for your records.