The Role of Guardianship for Non-Parents in Family Law Cases
When it comes to family law cases in Texas, the issue of guardianship can be critical, especially when non-parents are seeking to care for a child.
At Thaler Law, located in Georgetown, Texas, we’re committed to helping families through these legal matters.
In guardianship cases, non-parents may be called upon to provide care and support for a child when their biological parents are unable or unwilling to do so. Whether it's due to illness, addiction, incarceration, or other factors, the law allows non-parents to step in and take on the role of a guardian to assure a child’s well-being.
What Is Guardianship?
Guardianship refers to the legal authority granted to an individual who isn’t the biological parent to take responsibility for the care and decision-making of a child. In Texas, guardianship is typically established when a child’s parents are deemed unfit or incapable of taking care of their child.
Guardianship gives non-parents the legal power to make decisions on behalf of the child, including matters related to health care, education, and living arrangements. This is often the case when a child’s parents are unable to fulfill their parental duties due to various reasons.
For non-parents seeking guardianship in Texas, the process can seem overwhelming, but with the right legal guidance, it’s entirely achievable.
Types of Guardianship
There are two primary types of guardianship for non-parents in Texas: guardianship of the person and guardianship of the estate. Each type involves different responsibilities and legal steps.
Guardianship of the Person
This type of guardianship grants the non-parent legal custody and responsibility for the child’s welfare, including decisions about the child’s health, education, and daily life.
The non-parent guardian will have the authority to make medical and educational decisions for the child. In many cases, the guardian may also be responsible for providing housing, food, and overall care for the child.
Guardianship of the Estate
This type applies if the child has assets, such as an inheritance or property, that need to be managed.
The non-parent guardian will be responsible for managing the child’s financial matters, including safeguarding assets and making decisions in the best interest of the child. In some cases, non-parents may serve as guardians of both the person and the estate if the child has both care and financial needs.
Each case for guardianship will be different, but we’ll explore some of the common situations in which guardianship is needed.
When Does Guardianship Become Necessary?
Guardianship may be necessary in several different circumstances. Non-parents may be asked to step in when the child’s biological parents are unable to care for the child for a variety of reasons. Some common situations in which guardianship might be pursued include:
Parental incapacity: If the biological parents are physically or mentally unable to care for their child, guardianship may be sought by a non-parent. This could include cases of serious illness, addiction, or cognitive impairments.
Parental incarceration: In cases where one or both biological parents are incarcerated, a non-parent may seek guardianship to provide a stable living environment for the child.
Abandonment: If a child has been abandoned or neglected by their parents, a non-parent may seek guardianship to protect the child and provide a safe and stable home.
Death of a parent: If a child’s parent passes away and the surviving parent is deemed unfit or unable to care for the child, guardianship may be pursued by a non-parent.
Parental neglect or abuse: In situations where a child has been the victim of abuse or neglect by their parents, guardianship may be an option to remove the child from an unsafe situation.
These situations can be emotionally challenging for everyone involved, but guardianship allows non-parents to step in and provide stability when children need it the most.
How Do Non-Parents Seek Guardianship in Texas?
The process for establishing guardianship in Texas can vary depending on the circumstances of the case. However, there are some general steps involved for non-parents who wish to seek guardianship of a child.
Filing a Petition
The first step in the process is filing a petition for guardianship with the court. This petition must be filed in the county where the child resides or the county in which the guardianship is being requested.
The petition must detail the reasons why guardianship is necessary and provide evidence of the child’s current situation, including any potential harm or risk from the biological parents.
Background Checks and Home Studies
A background check is typically required for any potential guardian to make sure they don’t have a criminal record or any history of abuse or neglect.
In many cases, a home study will also be required, which involves a social worker assessing the suitability of the non-parent’s home for the child. The home study may include interviews with the child, the proposed guardian, and any other individuals involved in the child’s life.
Court Hearing
Once the petition is filed, the court will schedule a hearing to evaluate the case. During this hearing, both the non-parent seeking guardianship and the biological parents (if available) will have the opportunity to present evidence. The court will also consider the child’s best interests, which will be the primary factor in deciding whether to grant guardianship.
Factors the Court Considers in Guardianship Cases
When determining whether to grant guardianship to a non-parent, the court will consider several important factors to determine what is in the best interests of the child. These factors include:
The child’s safety: The court will assess whether the proposed guardian can provide a safe and stable environment for the child.
The emotional and physical needs of the child: The court will consider whether the proposed guardian can meet the child’s emotional and physical needs, such as providing for the child’s health, education, and well-being.
The relationship between the child and the guardian: If the child already has a bond with the non-parent, this will be taken into account.
The parent’s ability to care for the child: The court will consider whether the biological parents are capable of providing care for the child and whether the child’s safety would be compromised by returning to the parents’ custody.
In guardianship cases, the child’s well-being is always the top priority. The court’s goal is to make sure the child is placed in an environment that promotes their health, safety, and overall happiness.
Can a Guardianship Be Modified?
Once guardianship has been established, it may be subject to modification if circumstances change. For example, if the biological parents regain the ability to care for their child or if the child’s needs change, the court may consider modifying the guardianship arrangement.
Some common reasons for modifying a guardianship include:
Changes in the biological parents’ circumstances: If the biological parents regain custody rights or have shown improvement in their ability to care for the child, the court may modify the guardianship.
The child’s wishes: As the child grows older, their preferences may also be taken into account, particularly if they’re mature enough to express a preference for living with their biological parents or a different guardian.
New issues affecting the child’s safety or well-being: If there are new concerns regarding the child’s care or safety, the guardianship arrangement may be revisited.
Guardianship is a flexible legal arrangement designed to adapt to the child’s changing needs and circumstances. If you’re concerned about a guardianship arrangement being modified, it’s important to work with an experienced attorney to protect your legal rights.
Speak to a Family Lawyer About Guardianship Today
At Thaler Law, located in Georgetown, Texas, we’re dedicated to advocating for families in need of guardianship and other family law matters. We serve clients in Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. If you’re ready to seek guardianship for a child or have questions about your legal options, contact us today to discuss your case.
