In an ideal world, every child’s parents would provide a loving home and be present throughout their kid’s journey to adulthood. Unfortunately, that’s not always the case. Whether a child’s parents die or can’t provide a safe, stable home, children under 18 sometimes need court-appointed guardians. A guardianship of a minor in Texas isn’t something to take lightly, and you’ll need a lawyer’s help to become a child’s guardian.
What Is a Guardianship of a Minor in Texas?
A guardianship of a minor is a legal arrangement where the courts appoint someone to care for a child or manage their property. Courts step in when a child’s parents are dead, missing, or cannot provide a safe, nurturing home.
Texas law generally assumes a child’s parents are their natural guardians. But if that’s not in the child’s best interest, the court may appoint someone else as guardian.
There are two main types of guardians for minors in Texas. A guardian of the person is responsible for the child’s daily care. Their duties include providing food, shelter, education, medical care, and supervision for the child. The guardian becomes the primary caretaker and makes personal decisions on the child’s behalf.
A guardian of the estate manages any money or property the child owns. These assets may include insurance payouts, inheritances, or lawsuit settlements. The guardian must act in the child’s best financial interest and follow strict court rules.
Most of the time, one person serves both roles. In other cases, the court appoints different people for each job. Either way, the goal is to protect the child and promote their safety, support, and financial security.
Legal Process for Establishing Guardianship in Texas
The steps to establish a guardianship of a minor in Texas include:
Appointing a Guardian by Will or Written Declaration
Texas law allows parents to name a guardian for their child in a will or signed written declaration. The court must honor this choice unless the named person is disqualified, unwilling to serve, or not acting in the child’s best interest. If the chosen person meets the legal requirements, they can also serve as guardian of the child’s estate.
The Child Chooses Their Guardian
A child who is at least 12 years old may select their own guardian by filing a request with the court. The judge must agree the person is suitable and that the appointment is in the child’s best interest. This rule applies whether or not the child’s parents chose or the courts appointed the prior guardian.
When No Guardian Is Named or Selected
The courts step in if the parents did not name a guardian and the child is not old enough to choose. In these cases, judges often make guardianship decisions based on family relationships and the child’s needs. They often consider close relatives first, such as grandparents, aunts, and uncles. The court may appoint a non-relative if no relatives are available or qualified. The main goal is to serve the child’s best interests.
Who Can Be Appointed as a Guardian in Texas?
People must meet specific legal requirements to serve as a minor’s guardian in Texas. They must be at least 18 years old, of sound mind, and not have a recent felony conviction. Courts also require the person to complete guardian training in most cases.
Courts will not appoint a guardian who has a conflict of interest, owes the child money, or is unfit to serve. Judges also look for people who are responsible, stable, and genuinely committed to the child’s well-being. Some factors courts consider in these cases include:
- Their relationship with the child
- Their financial stability and living situation
- Their ability to provide a safe, supportive environment.
The court must put the child’s best interests first. Even if someone meets all the legal qualifications, they can’t serve as a guardian unless the judge believes they can meet the child’s needs.
How Adams Law Firm Can Help You Establish Guardianship of a Minor in Texas
Adams Law Firm can guide you through every step of the Texas guardianship process. From filing the petition to representing you in court, our team works to protect the child’s best interest and your legal rights. We’ll help you gather the proper documents, meet court requirements, and present a strong case for why you’re a suitable guardian. Call (281) 391-9237 now or complete our contact form for a consultation with an experienced Texas guardianship attorney.
