Maybe it’s military duty and an extended deployment. Maybe it’s health. Maybe it’s simple laziness.
Whatever the reason, some parents cannot provide a home for their child. Often grandparents, aunts or uncles have to step into that role and become a primary caregiver.
Ah, but there’s a catch. Without some type of official paper, the caregiver cannot enroll the child in school, sign the child up for extracurricular activities, authorize medical treatment, receive public benefits on behalf of the child, or obtain health insurance.
The solution? A document called “The Non-parental Authorization Agreement.” It is drafted specifically for the situation at hand, and is authorized by Texas statute.
There are some requirements for it to be binding. The Agreement has to be in writing and notarized. The caregiver must be a relative.
Both parents and the caregiver must sign the Agreement. If only one parent signs, then additional steps must be taken to make it enforceable.
It does not need court approval unless the child is already the subject of a court order or under a court’s jurisdiction (such as divorce or a CPS action).
The Non-parental Authorization Agreement is not the answer for every grandparent custody event. But for the right situation, it is a non-adversarial and inexpensive solution.
Have questions regarding your grandparent rights? Give us a call. We can help.
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The information contained in this article is general information only and does not constitute legal advice.