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When temporary guardianship is in a child's best interest

If parents in Texas are not capable of caring for their children, it may be possible to craft a temporary guardianship order. The order will give an outside party the ability to obtain many of the same rights that the child's legal parents have. Therefore, it is important that a temporary guardian be chosen carefully. In some cases, the first choice won't be available as the role could be more than he or she wants to take on.

When an adequate choice is made, it's important to communicate with the person. The child's parent should be clear about the terms of the arrangement. There should be clear guidelines about where the child sleeps, where the child is allowed to go and other situations that may arise. For example, if a child has allergies, the parent should let the temporary guardian know about them.

If the guardianship is going to last for more than a few hours or days, it would be wise to notify the child's school of the change. This will make it possible for the school to contact the appropriate person in case of an emergency. Once the terms of the temporary guardianship have been agreed to, they should be put in writing and notarized. Otherwise, the agreement may not be seen as valid.

Even if a parent has physical custody of a child, he or she may not be able to hand over guardianship without approval. A noncustodial parent could potentially challenge an arrangement, and a judge may also get involved if necessary. Parents who need to transfer guardianship might want to consult an attorney before doing so. This could help make the transfer easier on the parent, child and new temporary guardian.

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