The state of Texas recognizes that parents are the natural guardians of their children. But what if the parents die? Legal action may need to be taken to protect and provide for the child/children and their assets if a guardian is not listed in a will. The court has complete discretion as to who will be the best person to serve the needs of the child. Same goes for disqualifying some individuals.
When looking for a guardian, the court will give preference to family before anyone else. They typically go in order with the person the last surviving parent chose for guardianship, nearest ascendant like grandparents or aunt/uncle, and then a non-relative if the court deems appropriate. There is a process that must be followed and can be complicated. Texas courts recommend the party hire a family law attorney to help throughout it.
If you are the parent of a minor child, you should seriously think about who will be the guardian of your child if something was to happen to you. Most married couples have already discussed this issue and have a candidate in mind, but they fail to take the next and most vital step. If the couple fails to provide for guardianship, generally in their wills, the court would be left to pick a guardian based on what the judge feels is in the child’s best interest.
The judge uses statutory guidelines, but the reality is that if not provided for by the parents, a person who doesn’t know you or your child would be deciding on who would take care of them once you are gone.
Edmondson Law, PLLC.
If you would like to ensure that your child is provided for if something happens to you, the professionals at Edmondson Law can help by drafting you a will with guardianship provisions. Take that next step today by calling estate attorney W. Tyler Edmondson at 972-442-8326 or email our office at [email protected]. We are here to help you every step of the way.
Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is continually changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.
