Giving Someone Guardianship of Your Child in Texas: What You Need to Know

Posted on : May 22, 2025
Child guardianship attorney

There are moments in life when a parent must make hard choices. Maybe sickness strikes. Maybe there’s military deployment. Or maybe the weight of life becomes too heavy to carry alone. When that happens, a parent might need to let someone else take care of their child. Not because of failure. But because of love.

How Do I Give Someone Guardianship of My Child in Texas?

That’s when guardianship comes into play. Imagine a relay race. You’re holding the baton—your child’s care, their safety, their future. But something happens. You can’t finish the run. You need someone you trust to take the baton and keep running. That’s what guardianship is in Texas. It’s passing that baton legally and clearly, so the child doesn’t fall in the gap.

What Is Legal Guardianship?

Legal guardianship means giving someone the right to make decisions for your child. That includes where they live, how they get medical care, and how they go to school. In Texas, you can’t just write a letter or shake hands and call it done. The court must approve it. That’s the only way the law recognizes it.

This is different from custody. Custody usually happens during a divorce or when Child Protective Services gets involved. Guardianship is often used when the parent is still alive but can’t care for the child full-time. It’s a temporary or long-term fix, depending on the situation. And it needs legal paperwork.

Step-by-Step: How to Give Someone Guardianship in Texas

First, find someone you trust deeply. It can be a relative. A close friend. Someone who knows your child and will do what’s best. Make sure they agree. This isn’t a small favor. It’s a big responsibility. Next, file a petition for guardianship at the county probate or family court where the child lives. The person who wants to be guardian usually does this. But you, as the parent, must agree in writing.

The court will ask for details. Why is guardianship needed? How long will it last? Can the guardian provide for the child’s needs? Expect a background check. A home visit. Maybe even a hearing. The judge’s job is to make sure the child is safe. Not just physically. But emotionally too.

If the child is 12 or older, they can speak in court. They can say if they’re okay with the new guardian. The court listens. Children have voices. The law lets them use it when it matters most.

Once the judge approves everything, the court signs off. That’s when guardianship becomes official. It gives the guardian the legal power to act like a parent. But it doesn’t end your parental rights unless you choose to give them up or the court decides you’re unfit. Guardianship is about help, not replacement.

When You Might Need Legal Help

Texas law can feel like a maze. Paperwork piles up. Courts ask questions that feel like riddles. One wrong answer can stall the whole process. A family law attorney can help you avoid mistakes. They can guide you through each step. They know how to speak the court’s language. And more than that, they understand the weight of the choice you’re making.

This isn’t just about legal forms. It’s about your child’s future. It’s about peace of mind. Knowing your child is safe when you can’t be there. That kind of peace is priceless. <h2>The Final Word</h2>

Giving someone guardianship of your child in Texas is a big step. But it’s a step you take out of love. With the right help and the right process, it doesn’t have to be scary. It can be a path to safety and stability during life’s storms.

Need help giving guardianship of your child in Texas? Call (361) 289-6040 today. Bourlon Law Firm will walk you through every step. Because your child deserves the best care—even when life takes a turn.