How Do Courts Determine Guardianship for Minor Children?

Deciding who will care for a child when parents can't is one of the most heart-wrenching situations a family can face. Whether due to a tragic loss, illness, or other circumstances, these moments bring profound grief and uncertainty. You want what's best for the child—stability, love, and security—during a time when everything feels upside down.

At Tefera Law Firm, PLLC, we guide families through these difficult decisions with compassion and clarity.  From our office in Colleyville, Texas, we serve clients throughout Tarrant County, including Fort Worth, Arlington, and neighboring areas, as well as Dallas and Denton. If you're facing questions about guardianship for a minor child, reach out to us today for personalized support.

When Guardianship Becomes Necessary

Guardianship for minor children typically arises when parents are unable to care for their child due to death, incapacity, or other reasons that leave the child without proper parental guidance. In Texas, parents are usually the natural guardians, but courts step in when that's not possible.

Common situations include the death of both parents, a surviving parent's incapacity, or cases where a parent's rights are affected. Courts appoint a guardian to make decisions about the child's daily life, education, health, and sometimes finances. This can be for the "person" (personal care) or the "estate" (property management), or both.

These appointments provide stability, but they come with court oversight to protect the child. Guardianship generally ends when the child turns 18, though it can extend in rare cases involving disabilities. If you're wondering whether guardianship fits your family's needs, reach out to us—we can help you assess your options.

Priority in Appointing a Guardian

Texas law follows a clear order of preference when appointing guardians for minors, always prioritizing the child's well-being.

Parental preferences: If parents live together, both act as natural guardians. If they disagree on estate matters, the court chooses the better-qualified parent. For separated parents, rights are equal, and the court decides based solely on the child's interests. A surviving parent generally becomes the natural guardian unless proven unfit.

When parents are unavailable: If the last surviving parent didn't name a guardian in their will, the nearest ascendant (such as grandparents) takes priority. If multiple relatives are equally close, the court makes the choice based on the circumstances.

Other considerations: Courts favor close family members, such as grandparents, aunts, or uncles, before considering non-relatives. Any appointment must serve the child's needs. Parents can also designate a guardian in advance through a will or declaration.

This priority list helps confirm that familiar, loving caregivers step in first. In the end, though, the court has the final say to protect the child.

Key Factors Courts Consider

When determining guardianship, courts prioritize the child's best interests above all else. Although Texas lacks a specific set of legal criteria for guardianship cases like it does for custody, judges rely on similar guiding principles, emphasizing the child's safety, stability, and overall well-being.

Here are some of the main factors courts typically evaluate when determining the most appropriate guardian:

• Child's emotional and physical needs: How well the proposed guardian can provide a safe, nurturing home, including food, shelter, medical care, and emotional support.

• Stability and continuity: The importance of maintaining the child's routines, school, and relationships.

• Child's wishes: If the child is 12 or older, they can nominate a guardian in writing, and the court will approve if it's suitable and in the child's best interests.

• Guardian's suitability: Background, ability to care for the child, and any history that might affect their fitness, including criminal checks.

• Any risks: Evidence of abuse, neglect, or other dangers in potential placements.

• Family bonds and environment: The strength of existing relationships and the guardian's ability to support the child's development.

Judges weigh evidence from hearings, reports, and, sometimes, investigators' reports to make informed decisions. This child-centered approach aims to create the most supportive environment possible.

These factors guide every choice, helping courts balance family ties with practical realities. If evidence shows a preferred relative isn't ideal, the court can appoint someone else.

The Court Process for Establishing Guardianship

Establishing guardianship involves a structured court process in Texas probate courts, designed to thoroughly review the situation.

It starts with filing an application in the county where the child lives—often the probate court, such as in Tarrant County for local families—explaining why guardianship is needed and proposing a guardian. Notice is sent to interested parties, such as relatives.

The court often appoints an attorney ad litem to represent the child's interests and may order an investigation, including background checks. A hearing follows, where evidence is presented, witnesses testify, and the judge evaluates everything.

If approved, the court issues letters of guardianship, and the guardian may need to post a bond or file reports. Temporary guardianships can address urgent needs quickly. Ongoing oversight often includes annual reports. 

This thorough process ensures fairness for everyone involved, providing a platform for contested cases to be heard impartially. Partnering with an experienced family law attorney at Tefera Law Firm, PLLC, can simplify the journey, guiding you through each step of the guardianship process with clarity and support.

Seek Guidance for Your Family's Needs

Guardianship decisions shape a child's future, and facing them alone can feel overwhelming. Planning ahead, such as naming a guardian in your will, can ease burdens on loved ones later. Alternatives such as powers of attorney or trusts sometimes suffice for limited needs, avoiding full court involvement.

At Tefera Law Firm, PLLC, we support families in Colleyville, Texas, and throughout Tarrant County—including Colleyville, Keller, Grapevine, Southlake, Watauga, Hurst, Euless, Bedford, North Richland Hills, Fort Worth, Arlington, and nearby areas in Dallas and Denton—offering compassionate guidance tailored to your situation.

Whether you're seeking to become a guardian, contest an appointment, plan ahead, or explore options, our firm is here to help. Reach out to us today for a consultation—we're ready to support you through this important step.