Guardianship for Minors Attorneys in Houston Preparing You for Legal Guardianship
There are situations outside of death that require a legal guardian to step in and care for another person’s child or children. This could include incarceration, illness, physical and mental conditions, addiction, or other conditions that mean that care and supervision cannot be provided by parents.
Hardships can drive a parent to give up their child and force the courts to get involved and assign a legal guardianship, whether temporary or full-time. Other life events, such as death, may also require legal guardianship.
We work with families every day to plan for the unexpected, which includes establishing a plan for your minor children through your will or trust and choosing the person or people you want to care for your children in your absence.
The Hatchett Law Firm, PLLC also helps people establish guardianship of a child when there is no will or the wrong person is currently caring for a child you love.
Our well-seasoned attorneys will provide you with the needed clarity and will explain the legal steps necessary to plan guardianship for your children or work through filing for guardianship rights when you’re interested in caring for a minor child.
When it’s time to make big decisions for your family, pick up the phone and call The Hatchett Law Firm, PLLC. Book a free consultation today: 281-214-6541.
What Do I Need to Know About Legal Guardianship of a Minor?
The purpose of a legal guardian is to fulfill the role of absent parents. Guardians for minors care for their day-to-day needs and put the child or children’s best interests ahead of their own.
This includes fulfilling basic needs, from education, to food, to clothing, to housing, and medical care. Certain guardianships might require the management of assets and financial decisions, in addition to providing for other basic needs.
Guardianships can be temporary or permanent. If a will does not explicitly outline a plan for guardianship, the court will appoint a guardian on your behalf, or interested parties can petition, which will need to go through an approval process first.
If you are a family member with an interest in caring for a minor child, you can work with our attorneys to file a petition and ask the court to consider you as a temporary or legal guardian. In some cases, parents work with a legal guardian to assume the responsibility when they cannot care for their children.
There’s a variety of nuances related to family law and guardianship for minors. Breaking through the unclear territory, finding the right solutions as they relate to guardianship rights, and taking appropriate steps are what our firm can assist you with.
For any family members that believe guardianship is not being handled appropriately, our attorneys can help you build a case and petition the court for guardianship rights. Book a free consultation with one of our guardianship lawyers today: 281-214-6541.
How Do I File for Guardianship for a Minor?
Guardianship cases can be difficult to navigate on your own. There are several procedures and court requirements to follow to succeed and win the guardianship of your loved one.
We help you, every step of the way, to understand the process, possible outcomes, and next steps.
The Hatchett Law Firm, PLLC can help you petition to become a legal guardian for a minor child as we have helped hundreds of other families through the appointment process. We’re no strangers to the criticality of this decision and will serve as a helpful guide as you navigate the courts.
Will help you:
- Fill out the appropriate legal forms to open up a minor guardianship case
- Notify other family members, including other siblings, parents, grandchildren (14 and above), physicians, and any care providers or other entities directly related or unrelated to the child
- Attend a hearing after filing the paperwork and notifying critical persons. The hearing will serve as the time and place for the judge to grant or deny you guardianship rights. We will help you with what to expect throughout the process.
- File additional follow-up forms after the hearing.
We can help you understand guardianship of minors laws in Texas, your rights, and how to proceed with filing for guardianship for minors, as well as prepare for the next steps once a decision has been made.
If we can help you start planning for guardianship of a child, talk with one of our guardianship for minors lawyers today: 281-214-6541.
Can I Contest the Guardianship of a Minor?
Sometimes family members die without a will, and they have minor children. Other life circumstances can also demand a legal guardian to care for another person’s child or children when a parent or parents cannot.
Without a will in place that details who should care for a child, the court will appoint a legal guardian whom you may not agree with. This can be tough for family members to deal with, especially in situations where the legally appointed guardian is not caring for the child as they should.
Whatever the case may be, you can contest a minor guardianship with the help of our experienced family law and guardianship for minor lawyers.
When an appointed guardian is assigned, one of the most common legal issues is contested guardianship. A person might question a guardianship due to:
- Daily, basic living necessities, care, and support are not being provided
- Emotional stability issues or mental or physical health issues appearing
- Poor decision-making as it relates to healthcare or medical treatment
- Neglect as it relates to food, clothing, or shelter
- In more serious cases, physical abuse or abuse of power related to money
- The proposed guardian is not following the guidelines of the guardianship appointment
- Mismanagement of finances or decisions related to the estate
- Lack of communication with other family members
If you need to contest a guardianship or your guardianship is in question, it’s time to contact The Hatchett Law Firm, PLLC. We can help you file a petition to the court regarding guardianship rights. Book a free call with one of our guardianship lawyers today: 281-214-6541.
Under Texas law, the parents of a child (whether biological or adopted) are guardians of that child. However, if a child’s parents are deemed by the court not to be capable of adequately taking care of their child, a guardian may be appointed to step in. The guardian then takes over the child’s day-to-day care until they turn 18.
The two most common rights a guardian of a minor has are the right to request and accept medical treatment on behalf of their ward and to enroll them in school. A guardian is also responsible for the general care and upbringing of the child, such as providing food, shelter, clothing, and nurturing.
It is important to note that, unlike a conservator who must provide for the child using their own finances, a guardian owes no fiduciary responsibility to their ward. However, with that being said, a guardian often provides some level of financial assistance, even informally.
What Is the Process to Obtain Guardianship of a Minor in Texas?
The simplest way to become a guardian to a minor is to have that child’s parents grant you guardianship. They would have to provide you and the court with a written statement wherein they grant you all a guardian’s rights, privileges, and duties for their child. However, this only works if the parents are willing participants.
You will need a court order if the parents are unwilling to grant you guardianship. The first step in this process is to file a petition to name you as guardian and then serve notice of the petition to the parents of the child for whom you wish to become a guardian. The parents must then respond with answers (a written statement responding to your petition), and the legal process may begin.
How Do Parental Rights Work With a Guardianship in Place?
Even when a guardian has been appointed to a child, that child’s parents do not lose their parental rights altogether. In situations where there is a conflict between parents and a guardian over a decision the guardian has made, such as to seek out medical treatment for the ward, the court may be asked to step in to adjudicate. Though the guardian may still make the ultimate decision, the parents do not lose their right to at least have a say in the matter.
There are particular situations where a court may decide it is in the child’s best interest to grant a guardian parental-like rights. If a parent has shown themselves to be neglectful in upholding their parental duties, such as through drug use, incarceration, or a history of emotional or physical abuse of their child, the court will take that into consideration when considering the rights of the parent. In such situations, the court may rule that guardianship overrides parental rights.
Do I Need an Attorney to Get Guardianship Over a Minor?
Certain circumstances necessitate the hiring of an attorney to be granted guardianship. Only if parents voluntarily grant you guardianship is the hiring of a lawyer not strictly necessary. However, having an attorney to guide you through the process can help you avoid mistakes and roadblocks that could slow down or even prevent you from obtaining guardianship.
If you have to file a suit to gain custody, you are required to hire an attorney. This is due to the complexity of the issue at hand, and the court appearances that must be made to gain guardianship.
For any questions you have on guardianship of a minor in Texas, call now at 281-771-0560.
Why Book a Free Consultation with our Guardianship for Minors Lawyers?
Caring for another person’s child or children is a beautiful act of kindness and love.
Legal guardianship of a minor is the right fit for you if you are prepared and ready to act in your loved one’s best interests and protect and care for them as their parents would or provide a better living situation.
From the planning process to filing paperwork, we help you step into the guardianship role with confidence as you assume this incredibly important position.
If you’re about to assume the role of a guardian, our attorneys can set you up for success and help you understand your legal responsibilities, and also litigate any serious guardianship disputes you may face.
If you’re reading this and you don’t have an estate plan, now is the time to plan for the future and protect your children in the event you can no longer care for them, whether it’s circumstantial or out of your control. We can help you determine the right mix, including wills, trusts, and other legal documents that will protect you and your children against the unexpected.
We pride ourselves on our compassionate approach, and we focus on providing comfort and peace, both in planning and while navigating tough decisions.
Whatever your scenario related to guardianship, we’re with you every step of the way. Book a free consultation with our guardianship lawyers and start working through your minor guardianship petition or contested guardianship issues: 281-214-6541.