How to Choose a Guardian in Texas
If you are a parent, one of the hardest aspects of estate planning is naming a legal guardian for your children. It is an emotional decision and one that should not be made lightly. Thinking about someone else raising your children can be gut-wrenching. However, if you do not name a legal guardian for your children – the Texas courts will.
No matter how difficult the decision is – it is important to name someone you trust to become your child’s legal guardian when you die. Not naming someone can have long-lasting and dire consequences for your children and their futures.
If You Don’t Choose – a Judge Will
Most parents simply put off naming a legal guardian because they can’t settle on the perfect choice. After all – no one is better suited to raise your children than yourselves. However, if the unthinkable happens, you need someone who can step in and raise your children.If you don’t choose a legal guardian, a Texas judge will appoint someone to raise them. You might not like their choice. After all, the Texas courts will use statutory guidelines when determining who is best to raise your children. Those guidelines include:
- The courts typically look to the grandparents first to raise children. If there is more than one grandparent, the court will look to determine who is the most suitable to raise them.
- If no grandparents are alive or if they are unwilling to care for the minor children, the courts will look to a nearby relative, such as an aunt or uncle.
- If the child has no living relatives, the courts will appoint another qualified person in their lives to raise them.
The courts, however, do not know deep-rooted family issues. Perhaps your mother-in-law is estranged or isn’t very responsible. Perhaps your sister has a history of depression or abuse. A judge might not know these issues. To avoid this – choose a legal guardian for your children NOW!
Factors That Might Affect Guardianship
When the courts examine a guardian for children, they have the power to skip a person on the priority list. They typically do this if they believe the potential guardian is legally ineligible for guardianship. What would disqualify someone from serving as a legal guardian?
- Bad conduct
- Of minor age
- Incapacitation
- Conflict of interest with the child
- Lack of Texas residency
- Lack of experience or education
- Being unfit to properly manage the child’s estate
- Unfit finding by the court
How to Choose a Legal Guardian For Your Children
When choosing a legal guardian for your children, remember that no one will be perfect. They’re not you. Let go of the idea that they will raise your children exactly the way you would raise them. Instead, here are some things to consider when choosing a legal guardian.
- Parenting skills
- Other children in their home
- Location and living situation
- Physical and financial stability
- Mental stability
- Age and stage of life
- Health issues
When thinking about who might be the best guardian for your children, ask yourself, “Who would be the first to arrive at the hospital if your child was injured?” “Who would you want to spend a weekend with your child?” “Who would you call first to come over and take care of your children if you were sick?” The person you thought of might be a good choice for a guardian.
Once you have determined who you would like to name as legal guardian for your children – give them a call. It is important to discuss your wishes with them. Make sure they accept the role willingly and have no issues with being named as legal guardians. If your choice seems reluctant or isn’t interested, you should find someone else to name. It is important for your child’s guardian to willingly consent to such an important task.
Contact Our Experienced Houston Estate Planning Attorneys Today
If you are interested in learning more about estate planning, we can help. We can also help you name a legal guardian for your children to help protect their futures. Don’t leave it up to the Texas courts. You deserve to have a say in who raises your children.
At Roger G. Jain & Associates, P.C., our Houston estate planning attorneys will work tirelessly to help you create an estate plan you can trust. Contact us now for a free initial consultation.
Call us today at 713-981-0600 or fill out our confidential contact form, and begin planning for the future! Our law firm can handle all your questions about estate planning, probate, and more. Let’s get to work!
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.