Texas Chapter 34 Notary and Certified Mail Requirements: The 10-Day Notice Rule

Why the Execution Steps Matter

A Texas Chapter 34 Authorization Agreement for Nonparent Adult Caregiver is only valid if executed correctly. Two requirements trip people up more than anything else: the notarization must be the right kind, and the notice to a non-signing parent must happen within a strict 10-day window. Get either wrong and the agreement is legally void — which you will not discover until a school registrar or medical office checks.

Notarization: It Must Be a Jurat

Under Tex. Fam. Code § 34.004(a), the agreement must be "signed and sworn to before a notary public" by both the parent and the caregiver. This is a jurat — the signers raise their right hand (or affirm) and swear that the contents of the document are true.

This is different from a standard acknowledgment, where the notary merely verifies your identity without you taking an oath. Many notaries default to acknowledgments because they are more common. When you sit down with the notary, specifically request a jurat.

Where to get notarized:

• Banks (many provide free notary service for account holders)
• UPS Store, FedEx Office and similar shipping centers
• County clerk offices
• Some public libraries
• Mobile notaries who come to your home or a meeting point

Texas caps notary fees by law. For an incarcerated parent, check with the correctional facility about in-house notary services — most state and federal facilities offer them, though scheduling can take weeks.

The 10-Day Certified Mail Notice

This requirement applies when both parents did not sign and the non-signing parent is living and has not had parental rights terminated, unless the family-violence exception in § 34.005(a-2) applies. Under Tex. Fam. Code § 34.005(a):

Within 10 calendar days of the agreement's execution date, the parties must mail a copy to the non-signing parent at their last known address. The statute requires two separate mailings:

1. Certified mail, return receipt requested (USPS return receipt)
2. Regular first-class mail

Both mailings go to the same address within 10 days. The certified mailing gives you a tracking number and a return receipt. The first-class copy provides a second mailing method if certified delivery is refused.

Keep these records permanently:

• The certified mail tracking receipt (USPS receipt from the counter)
• The green return receipt card when it comes back signed
• A copy of the first-class mail receipt or a dated log entry showing it was sent

What Happens If You Miss the 10-Day Window

The agreement is void. Not voidable — void. There is no grace period, no cure provision in the statute. You would need to execute an entirely new agreement and start the notice clock over.

This is why mailing the notice the same day or the day after execution is the safest practice.

When Notice Is Not Required

Tex. Fam. Code § 34.005(a-2) removes the notice requirement only when both of these conditions are true:

1. The non-signing parent has no court-ordered possession of or access to the child
2. The non-signing parent previously committed family violence or assault against the signing parent, the child covered by the agreement, or another child of the signing parent. The conduct must be documented by either a protective order under Texas Family Code Chapter 85 (or a similar law of another state), or a conviction for a Title 5 offense or another criminal offense whose elements involve a violent act or prohibited sexual conduct.

If only one condition is met, the notice is still required. A protective order alone is not enough if the parent has court-ordered visitation; conversely, no visitation alone is not enough without documented violence.

Both Parents Signing

When both parents sign, no notice mailing is required. Each parent and the caregiver must sign and swear before a notary, and the agreement is effective once properly executed. This is the simplest execution path.

After Execution: Distribution

Once the agreement is notarized and the notice is mailed (if applicable), deliver copies to:

• The child's school (campus registrar or enrollment office)
• The child's pediatrician, dentist and any specialist
• Any other institution that needs to verify your authority

Keep the original signed agreement in a secure location. Carry a clear photocopy in a folder you can bring to appointments.

The Texas School and Medical Consent Guide includes a notary preparation checklist, the certified mail tracking log, and instructions for what to bring to the notary appointment so nothing gets missed.

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