Contesting Guardianships in Texas
Navigating Guardianship Challenges
Contesting a guardianship can unfold either before the court grants the Guardianship following an Application or at a later stage when warranted by facts. While the procedures may vary, the fundamental principles remain consistent.
If you, as a family member, interested party, or ward, believe the prospective guardian is unfit due to character, ability, or unethical conduct—with evidence to support your claim—a challenge can be filed. This occurs through an answer and potential cross-application before the initial guardianship application is heard by the judge.
Alternatively, discovering abuse, neglect, criminal activity, financial misconduct, or misrepresentation by the established guardian post-guardianship necessitates contesting. Swiftly bringing these concerns to the court’s attention is imperative.
Engaging an experienced lawyer in guardianship challenges, like those at Stepp Law Firm PLLC, is crucial. They navigate the complexities by filing the contest, gathering evidence, and compellingly presenting challenges during the hearing or trial. This involves presenting documents and witnesses to substantiate your claims.
The guardian can counter with their own evidence. Following the hearing or trial, the judge assesses the evidence’s merits, determining whether the guardian should continue in their role. If not, the judge decides on a potential new guardian and their appointment.
Hearing complexities vary based on facts and court jurisdiction, ranging from a few hours to a day or more. Securing an experienced lawyer ensures meticulous case preparation, effective presentation of evidence, and rigorous cross-examination of the proposed or appointed guardian and associated witnesses.
Our guardianship lawyer at Stepp Law Firm PLLC has years of experience in the courtroom and are an excellent choice no matter how complex the case may be. We are absolutely dedicated to helping you obtain the desired results at the most reasonable cost possible.