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Taking legal guardianship of a child is a big step that gives you the right and the responsibility to make decisions for their care. Whether you’re stepping in for a family member or providing a stable home for a child in need, it’s important to understand exactly how to get legal guardianship of a child in Texas.
Texas courts take guardianship matters seriously because they involve transferring legal authority from parents or the state to you. This means meeting strict eligibility rules, going through a court process, and being prepared to fulfill your duties as a guardian long-term.
Let’s walk through what this process looks like, from who can file to what happens after guardianship is granted.
- Who Can Get Legal Guardianship of a Child in Texas?
- How to Start the Guardianship Process in Texas
- What Happens During the Guardianship Hearing?
- Are There Different Types of Guardianship in Texas?
- How to Get Legal Guardianship of a Child in Texas Through CPS
- What Are Your Responsibilities After Getting Guardianship?
- How Long Does Legal Guardianship Last in Texas?
- What If Someone Contests the Guardianship?
- Can You Modify or Terminate a Guardianship Later?
Who Can Get Legal Guardianship of a Child in Texas?
Before you begin, you’ll need to be sure you qualify. Courts usually prefer to appoint someone who already has a relationship with the child and is capable of managing their care. You can apply for guardianship if you are:
- A relative, such as a grandparent, aunt, uncle, or older sibling
- A non-relative with a close personal connection
- A foster parent in some cases
- An adult willing to care for a child whose parents are deceased, missing, or unable to provide proper care
You must also meet basic requirements: be at least 18 years old, mentally and physically able to care for the child, and free of any criminal convictions that would raise concerns about the child’s safety.
Courts will also review your financial stability and whether your home environment is suitable for raising a child.
How to Start the Guardianship Process in Texas
Once you know you’re eligible, the first legal step is to file an application for guardianship with the court in the county where the child lives. This document asks the court to appoint you as the child’s legal guardian.
Here’s what you’ll need to prepare:
- A completed application explaining your relationship to the child
- Information about the child’s current living situation
- Details about why guardianship is necessary (e.g., abandonment, neglect, incarceration, or death of parents)
- A request for temporary guardianship if the child is in immediate danger
You must also provide written notice to any living parents, other legal guardians, and adult siblings unless their rights have been terminated. The court may also appoint a guardian ad litem or attorney ad litem to represent the child’s best interests during the case.
What Happens During the Guardianship Hearing?
The court will schedule a hearing after your application is filed and all required parties are notified. During the hearing, the judge will listen to testimony, review documents, and determine if granting guardianship is in the child’s best interest.
You should be prepared to:
- Explain why the child needs a guardian
- Show that you can meet the child’s physical, emotional, and educational needs
- Provide any evidence supporting your case, including school or medical records, if applicable
In some situations, a background check or home study may be ordered. The judge may also ask questions directly to you, the child (if old enough), and anyone objecting to the guardianship.
If the court agrees that you meet the requirements and guardianship is in the child’s best interest, an order will be signed granting you full or limited guardianship.
Are There Different Types of Guardianship in Texas?
Yes, and it’s important to understand the difference. The type of guardianship affects what legal rights and duties you will have.
The two most common types are:
- Guardianship of the Person: This gives you the right to make decisions about the child’s daily care, school, medical needs, and general welfare.
- Guardianship of the Estate: This applies when the child owns significant assets or property and needs someone to manage their finances.
In some cases, you might be granted both types, especially if the child has inherited money or is the beneficiary of a settlement.
You can also request temporary or emergency guardianship if the child is in immediate danger and needs protection while a long-term solution is decided.
How to Get Legal Guardianship of a Child in Texas Through CPS
If Child Protective Services (CPS) is involved, the process may differ slightly. In cases where CPS removes a child from their home due to abuse or neglect, the agency may seek to place the child with a relative or someone they trust.
You can still apply for legal guardianship during the case. Here’s how it generally works:
- CPS will conduct a home study to evaluate your living situation
- You may be asked to attend court hearings and cooperate with the child’s service plan
- If the child can’t be returned to their parents, CPS may support your guardianship petition
Sometimes, CPS will recommend a non-parent caregiver agreement instead of full guardianship. Be aware that this does not give you the same legal authority as court-ordered guardianship. If you want full decision-making power, you’ll still need to ask the court to appoint you officially.
What Are Your Responsibilities After Getting Guardianship?
Once guardianship is granted, you are legally responsible for the child’s care and decision-making. This includes enrolling them in school, taking them to medical appointments, arranging for counseling if needed, and providing food, clothing, and shelter.
You must also:
- Report major changes in the child’s living arrangements to the court
- Keep records of how the child’s needs are being met
- Request court approval before making certain decisions, such as moving the child out of state
If you are a guardian of the estate, you’ll be required to file annual reports showing how the child’s money is being spent and invested.
How Long Does Legal Guardianship Last in Texas?
In most cases, guardianship of a minor lasts until the child turns 18. However, it can end sooner if:
- The child’s parents regain custody and the court agrees it’s safe
- A new guardian is appointed
- The child is adopted
- The court finds that the guardianship is no longer necessary or in the child’s best interest
The court will continue to monitor the case until the guardianship ends. This means you may be required to attend review hearings and submit regular updates.
What If Someone Contests the Guardianship?
If someone objects to your application, such as a parent, sibling, or another relative, the court will take their concerns seriously. A contested guardianship case may involve additional hearings, investigations, and legal arguments.
You’ll need to show that your request is based on the child’s well-being, not personal disagreement. The court will focus on what’s best for the child, not adult conflicts.
Even in contested cases, you can still be appointed if you prove you’re a suitable and stable guardian. Just expect a longer and more involved court process.
Can You Modify or Terminate a Guardianship Later?
Yes. Guardianship isn’t always permanent. If your situation changes or the child’s parents become fit to care for them again, you can ask the court to modify or end the guardianship.
To do this, you’ll need to file a petition and explain why the change is in the child’s best interest. The court may hold another hearing and ask for updated reports or evaluations.
Common reasons for changing guardianship include:
- A move to another state
- A new guardian being better suited
- The original reason for guardianship no longer applies
You can also resign as guardian, but only with the court’s permission and after a replacement is approved.
Conclusion
Understanding how to get legal guardianship of a child in Texas helps you prepare for every step of the process. From filing your application to fulfilling your legal duties, each part of this process is designed to protect the child’s best interests.
Whether you’re stepping in to help a family member or offering long-term care for a child in need, your actions must follow the court’s rules and expectations. With proper planning, documentation, and a commitment to the child’s welfare, you can take on this important role with clarity and purpose.
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Frequently Asked Questions
You must file an application in the child’s county court, notify required parties, and attend a hearing to present your case.
It varies but often takes a few months, depending on whether the case is contested and if additional steps like a home study are needed.
Yes. You can apply directly through the court even if CPS is not involved.
The court may still grant guardianship if the parents are unfit, unavailable, or agree to the arrangement.
Yes. Guardianship of the person gives you legal authority over medical, education, and general care decisions.
