Guardianship of a child is a huge responsibility that requires emotional and financial stability. It is the exemption of legal rights over a child from parents and gives them to another individual or a single parent as opposed to both.
It is a relationship that is always trailed by the court’s observation. Child custody and guardianship are complex matters. Not only are they emotionally taxing for all parties involved, but they also tend to take a lot of time and effort due to complicated legal procedures.
The role of parents in the legal guardianship of children
The parents (adoptive/biological) are the legal guardian and conservators of the children. They are legally bound to take responsibility for the care and upbringing of the ward until they reach the age of consent (eighteen).
They have to abide by the obligations outlined in the Guardianship laws enforced in their native state. Other relatives of the child have the right to intercede on their behalf in case parents fail to provide for the wellbeing of the child.
How to become a legal guardian in Teas?
The guardianship laws in Texas provides a legal system to ensure that individuals with a disability are assigned guardians to provide them assistance and preserve their rights.
It is observed that the guardianship laws in Texas are rather stringent as opposed to other states, and the process to acquire guardianship through court is very long.
Here is an in-depth analysis of child guardianship in Texas to help ease your proceedings:
When you are about to begin the process of taking the legal guardianship of your child in Texas, the first step is to decide whether you need an attorney or not. Taking an attorney’s assistance will help you understand the Guardianship laws of the state.
The knowledge of the law is their trade; they will provide you with the proper documentation and guidance throughout the process. There is a wide variety of bottlenecks that can come in your way that can potentially sink your boat of guardianship for your child.
Since this process is lengthy, any error may further slow down the application process. The easiest way to attaining the legal guardianship of your child from the other parent is to ask for a written statement vesting you for the child’s responsibility.
The truth is that you have to appear to the court at least once to attain the guardianship. If you are willing to take the matter to judges, then you can take the route of seeking court orders for your assistance.
The guardianship cases are filed in a probate court and not family courts. The process requires an application of guardianship with the probate court clerk to begin.
Evidence for guardianship
Child custody and guardianship cases have similar proceedings. The decisions in these cases are made keeping in mind the best interest of the child. It is regardless of the stance either of the parents takes.
Any specific information or cause that you believe can help your case must first be discussed with your attorney before they are made court records. The petition, once assigned to a judge, may lead to a lawsuit by the other parent of your child.
By strategizing the presentation of evidence in your favor, you can help speed up the proceedings.
The state of Texas grants guardians the authority to accept and request medical treatment on behalf of the child to provide proper upbringing and substance for sustenance, such as food, nurturing, and clothing.
It is essential to remember that this case is to provide the best to the child. Honest communication throughout the process will help you save a lot of time, effort, and money too.
The ultimate assay
After the legal paperwork, a guardian has to take tests that are administered by the Guardianship Certification Board. From background inspection to fingerprint submission, the investigation is very comprehensive and would require assistance from an attorney or a probate court clerk.
These tests need to be performed with the utmost authenticity to the court. It entails prior counseling and preparation. If you choose to settle the case outside of court, then your legal attorney has an even bigger responsibility.
If you succeed in getting medical records or any other documentation beforehand, then you are likely to have the decision in your favor. You will also be asked to present witnesses to support your case. In this situation, check their availability and confirm their willingness to testify beforehand.
Striving for the custody of your child is a long battle, and you need dedication and perseverance to win it. Remember, your child deserves the best. The guardianship of your child is a greater responsibility and asks you to be present emotionally and physically to them at all times.