Legal guardianship cases are heard every day throughout the United States. Guardianship may be necessary if one or both parents are removed from the child's life or if circumstances require alternative supervision. Obtaining legal guardianship of a child in Texas, for example, requires several essential legal steps. Seek legal counsel -- if necessary -- to ensure success in your quest to secure guardianship of a minor.
Visit the probate court overseeing the Texas county jurisdiction where the child currently lives. Request a petition for guardianship from the probate court clerk. Ask for additional court forms necessary to filing a petition.
Make your case for guardianship in the petition. Clearly state the reasons guardianship is necessary and why the case is urgent. Complete and copy all forms -- make up to three copies. Return one set of forms to the probate court clerk and keep a set for your files.. Follow additional instructions of the probate court clerk. Request a date for a court hearing. Present at least two forms of identification -- a current passport and driver's license, for example -- as needed.
Set a date to take the guardianship test required by the Guardianship Certification Board of Texas. Prepare to have your fingerprints processed and a criminal record check performed. Ask the probate court clerk for information and test taking instructions before the examination.
Gather all necessary hard evidence -- legal and medical documentation, for example -- to support your case. Have witnesses ready to testify for additional support on your day in court. Arrive to court on time and with all necessary evidence. Submit all evidence and testimony to the probate court judge and make your case with clear and convincing language.
Items you will need
- Guardianship petition
- Medical records
- Legal records
- Jupiterimages/Polka Dot/Getty Images