Q: I need to find out how I go about getting guardianship of my grandson because my daughter needs to go to treatment.
My daughter is in Arizona I am in Texas.
The father is on the birth certificate and he is also on hard drugs. My goal is just to help my grandson and keep them safe. I need to get something legally binding so his father cannot come to Texas and take him.
A: Parents generally have superior rights to grandparents. A court order is necessary to obtain custody rights over the child. A party seeking conservatorship is required to serve both parents with a petition and ask the Court to award conservatorship. An affidavit may be obtained from a parent allowing the caretaker to make certain decisions for the child, but that would not prevent the other parent from coming and taking the child if he chose to do so unless there is a Court order.
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