Related Legal Issues

Related Legal Issues |

Grandparents & Other Nonparent Caregivers

Title

Temporary Authorization for Care of Minor Child (Texas Family Code 35)

Use these instructions & forms if:

1.You have been caring for a child in your home for at least 30 days and you are NOT the child’s parent, conservator, or guardian.

2.You are the child’s

Grandparent,
Adult brother or sister,
Adult aunt or uncle, or
An adult who has a written authorization from the parent or conservator to consent to medical care for the child.

3.The parents, conservator, or guardian of the child will not object to you obtaining a court order for temporary authorization for you to care for the child.

4.The child does not have a parent, conservator, or guardian available to consent to things or to authorize care that is necessary for the child’s welfare.

5.You need a court order that gives you the right to do things such as consent to medical treatment, obtain public benefits, enroll children in school or daycare, authorize extracurricular activities, or authorize other care that is essential to the child’s welfare.

6.You are unable to obtain a written or some other written documentation from a parent of the child that enables you to provide necessary care for the child.

This toolkit includes:

Instructions & Forms

Steps for Getting Court Orders for Temporary Authorization for Care of Children

Frequently Asked Questions

Does having the temporary right to care for a child give me custody?

No, a temporary authorization order under Texas Family Code chapter 35 is not the same thing as having custody. Please read Texas Family Code chapter 35.007(d). 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.

I am a parent and I do not agree to give temporary authorization to another person. What can I do?

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.

We have temporary authorization to care for a child, but we don’t need it anymore. What can we do?

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) states that, at any time, the petitioner, parent, conservator, or guardian of a child can ask that the order be terminated. The judge should terminate the order if he or she finds that the order is no longer needed.

How long can the temporary authority to care for a child last?

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).

My temporary authorization order is about to expire but I still need it. Can I renew it?

Texas Family Code 35.006(a) lets you ask to renew 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.

How long can the temporary authority to care for a child last?

See Texas Family Code 35.005(d), 35.006(a).

Who can cancel a court order that temporarily lets me care for a child?

At any time, the following parties can ask the court to terminate a court order giving them temporary authority to care for a child: