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How to Obtain Legal Guardianship of a Minor

Posted by Chris Peterson | Nov 18, 2015 | 0 Comments

How to Obtain Legal Guardianship of a Minor

How to Obtain Legal Guardianship of a MinorThe appointing of a legal guardian may become necessary under circumstances where the parents are either found unfit, request the appointment, or die. It is important to work with a College Station family attorney if you are seeking guardianship of a minor.

Reasons for Disqualifying a Person for Guardianship

Texas family laws relating to guardianship require that the applicant meet certain qualifications. In essence, it is recognized that the person needs to be of sound character. Some of the reasons for which a person may be disqualified are as follows:

  • The person owes a debt to the child or its estate
  • The applicant is incapacitated in such a way as to make proper care of the child impossible
  • The applicant does not have experience necessary for proper care of the child
  • The person has a legal claim against the child or its estate

Procedures for Obtaining Guardianship

It should be kept in mind that a guardian can be appointed either permanently or on a temporary basis. The applicant needs to begin by requesting a petition from the probate court in the jurisdiction where the child lives currently. The applicant needs to state the reason for the guardianship request. In most cases a guardianship request is fairly urgent, as in the case of the death of the parents. Once the petition is completed, the applicant needs to do the following:

  • Make three copies of the petition. It is a good idea to scan the original into your computer.
  • File one set of the petition form with the probate court. If you are working with an attorney, he will likely keep a copy on file.
  • Request a hearing date with the court. It will be necessary to produce two forms of identification.
  • Take the required guardianship examination required by Texas family law.
  • When attending the hearing, the applicant needs to bring all supporting materials. If a witness is necessary, make sure that this individual is present.

The procedure for obtaining temporary guardianship is similar, but check with the probate court for the necessary documents and other materials.

For Legal Assistance in a Guardianship Case

Texas laws require that only applicants who meet certain criteria as mentioned be named guardians of minor children. You should strongly consider hiring a College Station family attorney if you are seeking guardianship. Call Peterson Law Group today at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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