Guardianship of minors is a legal procedure in Texas. The law prescribes the protection of a child below the age of 18 years from abuse, exploitation, and neglect. Under the regulations and laws of texas guardianships, the legal guardian has the responsibility to offer care for the minor child. Additionally, he/she is also bound by the law to handle finance and make decisions on the child’s behalf till the child is an adult. This is one legal process that demands the involvement of an attorney who can document the required files seamlessly and look after the process.
Filing the Guardianship Application
The legal procedure begins with the filing of an application to acquire the guardianship of a minor. The candidate seeking the guardianship of a minor is considered as the applicant or the interested party on the Application for Appointment of Guardian document. The application needs to be filed in the residing location of the minor. The legal process involves minute details that shouldn’t be missed for a successful guardianship filing. Hence, the need to involve an experienced and professional lawyer is a must.
Providing Minute Details
The application form requires one to include some basic details of the minor, like his/her present age, address, and sex. It is necessary to mention to the court any disabilities or incapabilities of the minor, including the nature and degree. Additionally, the candidate seeking guardianship should inform his/her residential address and notify the court about the relationship with the minor.
Since texas guardianships are the focus, the potential legal guardian must also mention to the court any prior legal custodian proceedings. Finally, the court shouldn’t be kept in the dark concerning the parents of the minor. The court must be aware of whether the parents of the minor are dead and, if not, provide valid reasons for considering legal guardianship.
Receiving Guardianship
Before a candidate receives his/her guardianship, Texas law mandates the physical hearing of guardianship for any minor. In the hearing, the potential legal guardian has to present convincing and practical evidence to prove that the minor requires guardianship and that he/she is the only right person. It is also necessary for the candidate to prove his/her qualification and competence to serve as the proper legal guardian for the child.
Getting approval is not easy, and it is under the discretion of the court to approve or deny a petition. Texas law doesn’t allow every individual to become a legal guardian to a minor. In case of any criminal records, particularly related to sexual offense and abuse, he/she might not be allowed to become a legal guardian. Thus, it is best to consult a lawyer with adequate information and knowledge.
Conclusion
Seeking guardianship for a minor is a major life-changing decision. The legal process is not an easy one and involves a wide array of steps, which is time-consuming. Instead of stressing over them, it is always better to hire a lawyer who understands the rules, regulations, and procedures of texas guardianships.