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If you’re looking into how to get guardianship of a child in Texas, the process can feel overwhelming at first. Guardianship means taking on the legal responsibility to care for a child when the parents cannot do so. You may be a relative, close family friend, or someone else concerned about the child’s well-being.
In Texas, guardianship involves a court process that determines whether someone other than the parent should be legally responsible for the child. This is different from adoption. While adoption ends the legal rights of the parents permanently, guardianship may be temporary or limited, and the biological parents may still retain some rights depending on the case.
Let’s look at the key things you need to know:
- When Guardianship May Be Considered Necessary
- Who Can Apply for Guardianship in Texas?
- What Are the Types of Guardianship Available?
- Steps to Get Guardianship of a Child in Texas
- What the Court Considers When Deciding on Guardianship
- What Happens After You’re Appointed Guardian?
- How Long Does Guardianship Last?
- Can Guardianship Be Challenged or Removed?
- Do You Need a Lawyer for This Process?
- Other Options Besides Guardianship
When Guardianship May Be Considered Necessary
Understanding when guardianship is appropriate is the first step. Courts typically consider granting guardianship if:
- The parents are unable or unwilling to care for the child.
- A parent is incarcerated, mentally incapacitated, or dealing with substance abuse.
- The child is living in unsafe or unstable conditions.
- There is no parent available due to death or abandonment.
If you’re concerned about a child’s welfare and you’re not their parent, you may be able to step in and ask the court for guardianship.
Who Can Apply for Guardianship in Texas?
Texas law allows several types of people to file for guardianship of a child. You may apply if you are:
- A grandparent, aunt, uncle, sibling, or other relative
- A family friend who has had care of the child
- A person with a strong connection to the child’s upbringing
- A representative from Child Protective Services (in limited circumstances)
You must be at least 18 years old and demonstrate that you’re capable of providing for the child’s physical, medical, educational, and emotional needs.
What Are the Types of Guardianship Available?
There are two main types of guardianship under Texas law for children:
- Guardian of the Person: This type gives you the right to make decisions about the child’s daily life, such as schooling, medical care, and where they live.
- Guardian of the Estate: This applies if the child has property or financial assets that need managing. It is less common unless the child has received an inheritance or insurance settlement.
In most cases, if you’re seeking to care for the child and make personal decisions on their behalf, you’re applying to be the guardian of the person.
Steps to Get Guardianship of a Child in Texas
Now that you understand the roles and who qualifies, here are the general steps for how to get guardianship of a child in Texas:
Step 1: File a Petition with the Court
You’ll need to file a legal request, known as a petition, in the probate court or county court handling guardianship matters. The petition must include:
- Your relationship to the child
- Reasons the guardianship is necessary
- The child’s living situation
- Information about the parents and their ability (or inability) to care for the child
You may also need to submit forms specific to your county. These vary depending on location, so check with the local clerk.
Step 2: Serve Notice to Interested Parties
Texas law requires that all parties who may be affected be notified about your request. This includes:
- Both biological parents
- Anyone else who has legal custody or rights
- The child, if they are over 12
Formal notice gives others the opportunity to contest the guardianship if they disagree.
Step 3: Complete a Background Check
As part of the process, you’ll be subject to a criminal history and Department of Family and Protective Services (DFPS) background check. This helps the court assess your fitness to serve as a guardian.
You may also be required to complete guardian certification or training through a court-approved program.
Step 4: Undergo a Home Study or Court Investigation
A home study may be ordered by the court. This involves an investigator or social worker visiting your home and reviewing:
- Living conditions
- Financial stability
- Emotional and physical capacity to care for the child
The results are submitted to the court for consideration.
Step 5: Attend a Court Hearing
You must appear before the judge for a final hearing. The court will listen to:
- Your reasons for requesting guardianship
- The results of the home study and background checks
- Any objections or concerns from others involved
If the judge finds that guardianship is in the child’s best interest, an order will be signed granting you legal authority.
What the Court Considers When Deciding on Guardianship
When deciding how to get guardianship of a child in Texas, courts are required to focus on one thing only: the child’s best interest. To determine this, the judge may weigh:
- Your relationship to the child
- Stability of your home environment
- The wishes of the child (if age 12 or older)
- The physical and emotional health of everyone involved
- Any history of abuse, neglect, or violence
Being biologically related may help your case, but it is not the only factor the court will consider.
What Happens After You’re Appointed Guardian?
Once the court grants you guardianship, you’re not finished. You’ll have ongoing duties to fulfill, and the court may require periodic oversight. Here’s what typically happens after you’re appointed:
- Receive Letters of Guardianship: These official documents authorize you to act on the child’s behalf. You’ll use them when enrolling the child in school, seeking medical care, or handling legal matters.
- Follow Court Orders: The judge may issue specific instructions as part of the guardianship. This can include limitations on travel, contact with certain individuals, or reporting requirements.
- File Reports or Updates (if required): Some courts ask guardians to provide annual updates or documentation, especially in longer-term cases. You may need to outline how the child is doing in school, medically, and socially.
- Maintain Care Standards: You must continue meeting the child’s day-to-day needs and provide a safe, supportive environment. If circumstances change, such as a move or change in schooling, you may need to notify the court.
Staying informed about your responsibilities helps avoid issues later and ensures the guardianship continues to serve the child’s best interest.
How Long Does Guardianship Last?
Guardianship doesn’t last forever unless the court says so. In many cases, it ends when:
- The child turns 18
- The court finds that guardianship is no longer needed
- A parent regains fitness and petitions to end it
- You voluntarily resign and the court approves your removal
If the situation is temporary, you may be granted temporary guardianship for up to 60 days with extensions allowed in specific cases.
Can Guardianship Be Challenged or Removed?
Yes. A parent or other interested party can file a motion to terminate guardianship. If they can prove to the court that the arrangement is no longer necessary or that they can resume full care of the child, the court may end the guardianship.
However, any change must be approved through the court. You cannot simply step down or shift responsibility to someone else without formal approval.
Do You Need a Lawyer for This Process?
While it’s not required to have a lawyer, the guardianship process can be complex and time-sensitive. The court may have expectations for how documents are submitted and how hearings are handled. Having legal representation may help avoid mistakes that delay or complicate the process.
You can still apply without one, especially if there is no opposition, but make sure all your forms are accurate, your background check is clear, and you have strong evidence showing why the guardianship is needed.
Other Options Besides Guardianship
If you’re unsure whether guardianship is right for your situation, there are other legal tools in Texas that may offer temporary or shared authority without full guardianship. These include:
- Power of attorney for a minor
- Authorization agreement for non-parent caregiver
- Temporary custody orders through family court
Each option carries its own requirements and limits. Consider which one aligns best with your role in the child’s life and how long you expect to be responsible.
Conclusion
Learning how to get guardianship of a child in Texas is an important step if you’re seeking to protect a child in need. The process takes time and preparation, but the courts are focused on making decisions that benefit the child’s health, safety, and future. If you’re ready to take on the responsibility, make sure your application is clear, your background is clean, and your intentions are in the child’s best interest.
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FAQs About How to Get Guardianship of a Child in Texas
It can take anywhere from a few weeks to several months, depending on whether the case is contested, how fast the background check is processed, and the court’s schedule.
You can use an authorization agreement for a non-parent caregiver, but it doesn’t replace court-ordered guardianship. It’s useful for school and medical decisions in the short term.
The court will hold a hearing where both sides can present evidence. The final decision will be based on what the judge believes is best for the child.
Not always. You can file without consent, especially if the parents are unavailable, unfit, or pose a risk to the child’s well-being.
No. Guardianship gives you legal responsibility but does not terminate parental rights. Adoption is permanent and replaces the parent-child legal relationship.
