How to Get Legal Guardianship of a Child in Texas

To get legal guardianship of a child in Texas, you file an Application for Appointment of Permanent Guardian in the probate court of the county where the child lives, give formal notice to the parents and other legally interested relatives, cooperate with a court-appointed attorney ad litem who investigates on the child’s behalf, and attend a hearing where a judge decides whether the arrangement serves the child’s best interests. If the judge approves, you take an oath, post any required bond, and receive Letters of Guardianship, the document that proves your authority. The process usually takes several weeks to a few months and costs several hundred to several thousand dollars depending on whether the case is contested and whether you hire an attorney.

First, Decide Whether You Need Full Guardianship

Guardianship is the strongest legal tool for caring for someone else’s child in Texas, and also the slowest and most expensive. If both parents are alive and cooperative, two lighter options may do the job:

An Authorization Agreement for Nonparent Relative under Chapter 34 of the Texas Family Code lets a parent give a relative authority to consent to medical care, enroll the child in school, and handle daily decisions. No court filing is required. A parent can revoke it at any time.
A power of attorney from the parent can delegate specific caregiving authority to any trusted adult. It ends when the parent revokes it or dies, and it does not survive parental incapacity unless it is drafted as a durable power of attorney.

Full guardianship is the right route when a parent has died, is missing, is incapacitated, or will not cooperate, since the lighter options all depend on parental consent. It is also usually necessary to add the child to your health insurance, because most insurers require a court order.

Who Can Serve as Guardian in Texas

You must be at least 18 and capable, in the court’s view, of managing the child’s personal and financial needs. You don’t have to live in Texas, but an out-of-state guardian must file the name of a Texas-based agent who can accept legal paperwork.¹

Several things will get you disqualified or create a strong presumption against you:

A final conviction for sexual assault, aggravated assault, injury to a child or elderly person, child abandonment or endangerment, terroristic threat, or continuous family violence. That presumption is difficult to overcome.¹
A conflict of interest, such as being a party to a lawsuit affecting the child’s welfare, owing the child money, or holding a claim adverse to the child’s estate, unless the court specifically finds no conflict exists.¹
“Notoriously bad conduct,” which lets the court reject you based on behavior even without a conviction.¹
General unsuitability, which the judge has broad discretion to find in any person, institution, or corporation.

You will also need to complete a state-mandated guardianship training program before the appointment is finalized. Courts can waive this in some circumstances, but plan on doing it.¹

Prepare and File the Application

The main document is the Application for Appointment of Permanent Guardian. You can pick it up from the probate court’s website or the district clerk’s office in the county where the child lives. Before you fill it out, gather:

The child’s full legal name, date of birth, current address, and county of residence.
Each parent’s name, last known address, and the reason they cannot care for the child. Common reasons include death, incarceration, substance abuse, abandonment, and military deployment.
Your own identification, your relationship to the child, your address, and evidence you can provide a stable home.
The separate criminal background check authorization form. Texas requires a thorough criminal history check on every proposed guardian.

The application asks you to explain in concrete terms why guardianship is necessary and why you are the right person. Vague statements don’t help. If a parent abandoned the child, say when and under what circumstances. If a parent is incapacitated, describe the condition. Specifics matter more than legal-sounding language.

You file the application with the probate court in the county where the child lives. Filing fees typically run $300 to $400. Travis County, for example, charges $360.² If money is tight, ask the clerk about a Statement of Inability to Afford Payment of Court Costs, which can waive filing fees and sometimes other costs.

Notice to the Parents and Other Relatives

Texas law requires that the child’s parents and other legally interested relatives receive formal notice of the guardianship request. Depending on the circumstances, that is done through personal service, meaning someone hand-delivers the documents, or through posted citation at the courthouse. If a parent’s whereabouts are unknown, the court will tell you how to satisfy the notice requirement by publication.²

The Attorney Ad Litem

After you file, the court appoints an attorney ad litem to independently represent the child’s interests. This attorney is not your lawyer and does not work for you. Their job is to investigate and report to the judge. Expect them to interview you, visit your home, talk to the child if the child is old enough, and possibly speak with teachers, doctors, and other people in the child’s life. Their recommendation carries significant weight.

The ad litem’s fee is typically paid by the applicant. Costs vary by county and complexity. Some courts set flat fees, others bill hourly. If you can’t afford it, you can ask the court for a fee waiver or reduction.

The Hearing

At the hearing, you testify about why the guardianship is needed and why you are the right person, and you present supporting evidence. The attorney ad litem shares their findings. If a parent shows up and objects, the case is contested, which makes it longer and more complex. Even in uncontested cases, the judge will ask questions to confirm the arrangement is in the child’s best interests. School records, medical records, and any written communication showing the parents’ inability to care for the child strengthen your case.

If the Situation Is Urgent

When a child faces immediate danger or has no one authorized to make decisions for them right now, Texas law allows the court to appoint a temporary guardian on an expedited basis. You have to show the court that the child’s welfare demands action before the regular process can play out. A temporary guardianship is limited in duration and is replaced by a permanent order once the main case is heard. If waiting weeks or months would cause real harm, raise this with the clerk or an attorney when you first file. The court can sometimes hold an emergency hearing within days.

After the Judge Approves

Court approval is not the last step. A few administrative things must happen before you actually have authority to act for the child.

Oath and Bond

You take an oath of guardianship before the county clerk, swearing to faithfully carry out your duties.³ If the court ordered a bond, you post it before receiving your official documents. The bond protects the child’s financial assets by guaranteeing reimbursement if the guardian mismanages the estate. The annual premium is typically a small percentage of the total bond amount, which is set based on the value of the child’s estate.

Letters of Guardianship

Once the oath is taken and any required bond is posted, the clerk issues Letters of Guardianship. This is your legal proof of authority. You will need it to enroll the child in school, consent to medical care, manage financial accounts, and handle anything else that requires proof of your legal relationship. Letters expire after 16 months, so you keep them current by filing an annual report with the court.

What the Whole Thing Costs

Even an uncontested guardianship is not cheap. Plan for:

Filing fees of roughly $300 to $400 depending on the county.²
Attorney ad litem fees, often several hundred dollars, and higher in complex or contested cases.
Your own attorney, if you hire one. You can file without a lawyer, but most people don’t. An uncontested case usually runs $1,500 to $5,000, and contested cases considerably more.
Bond premium, if the child has financial assets.
A court investigator or home study in some counties, which can run from a few hundred dollars upward.

Ongoing Duties After You’re Appointed

Being appointed guardian is not a one-time event. The court keeps supervision over the guardianship for as long as it lasts.

Annual Reports

Each year you file a report with the probate court describing the child’s current living situation, health, education, and general well-being. It covers where the child is living, medical and dental care, school enrollment and progress, and contact with family. Answers like “same as last report” are generally not accepted, and failing to file can get you removed.

Managing the Child’s Money

If you are guardian of the child’s estate, not just their person, you have fiduciary duties over their money. Keep careful records of all income and expenditures, use the child’s funds only for the child’s benefit, and file periodic financial accountings with the court. Mixing the child’s money with your own is a serious violation that can lead to removal and personal liability.

Plan for a Successor

Texas law lets you designate a successor or standby guardian who can step in if you die, become incapacitated, or resign. Without a plan, the child could end up back in court with no one authorized to care for them during the gap. Raise successor designation with your attorney when you set up the guardianship.

When the Guardianship Ends

A guardianship of a minor in Texas ends automatically when the child turns 18, marries, or is otherwise legally emancipated. It can also end earlier if a parent petitions the court to regain custody and shows that the circumstances that led to the guardianship have changed. The court evaluates whether restoring parental rights is in the child’s best interests before terminating the guardianship. Guardianship differs from adoption on this point: it does not permanently end the biological parents’ rights.

If you need to step down before the child ages out, you petition the court for permission. You cannot simply stop serving. The court will need to appoint a replacement before releasing you from your duties.

1
State of Texas. Texas Estates Code 1104 – Eligibility to Serve as Guardian
2
Travis County Clerk. Probate Fee Information
3
State of Texas. Texas Estates Code 1105.051 – Oath or Declaration of Guardian