Many states have rules and statutes regarding “emergency guardianship”. This is called temporary Guardianship in Texas. There are many situations in which the guardianship of a minor may come into question if neither parent is fit to take on custody. If you suspect a minor in your family may be in need of a guardian to ensure their overall well being, pursuing temporary guardianship may be necessary.
At Stepp Law Firm, our attorneys have years of experience helping our clients pursue temporary guardianship for minors they believe may be in an emergency situation while in the care of their parent or current guardian. Our experienced legal team can help you understand when getting temporary guardianship may be beneficial and necessary in Texas.
When Should You Pursue Temporary Guardianship?
When a person is granted guardianship of a child, it allows that person—typically a non-parent like a grandparent or other family member—to make important decisions for a minor child. When a minor’s best interests are not being met in their current situation, a temporary custody order needs to be established in order to protect them. Some instances in which getting temporary guardianship of a child in Texas may be necessary in the following situations:
- A minor’s health is in danger
- A minor is not safe
- A minor’s estate is at risk
If you believe a minor may not be in the best care while in the custody of their parents or current guardian, it may be time to pursue temporary guardianship with the help of a trusted guardianship lawyer in Texas.
Who Can Get Temporary Guardianship in Texas?
When a child is not being cared for properly, it is crucial that someone steps up to intervene. In Texas, the individuals who are able to gain temporary guardianship of a child are typically the other parent or a person who has been caring for the child but is not the parent. This can include grandparents, siblings above the age of 18, godparents, or anyone else who has been entrusted with the long-term care of the child. In order to achieve temporary guardianship, you must be appointed by the court in Texas.
If you are unsure if you qualify to get temporary custody in Texas, contact an experienced guardianship lawyer as soon as possible. A lawyer can also argue for your eligibility in an edge case, depending on your relationship and all other eligible parties.
What Are the Steps Required to Be Granted Temporary Guardianship?
In Texas, there are several steps you must take in order to be granted temporary guardianship. Those steps are as follows:
- File an application for temporary guardianship
- After the application is filed, a hearing will be scheduled within ten days
- If substantial evidence is found by the court to show that the minor in question is in need of a guardian, temporary guardianship will be granted to the appointed individual
- The court will set a bond for temporary guardianship and the guardianship will take effect for 60 days
To better understand the temporary guardianship application process and what you need to do to ensure you are appointed by the court, speak with a guardianship lawyer who can assist you with your case.
What Evidence Is Needed to Get Temporary Custody?
In order to be granted a temporary guardianship order in Texas, you need to provide substantial evidence that proves the minor in question may be incapacitated or they are in immediate need of a guardian. This evidence may include the following:
- Text messages
- Witness testimony
A Texas guardianship lawyer may be able to help with your case by assisting you in gathering the necessary evidence to pursue temporary guardianship.
Speak With a Texas Temporary Guardianship Lawyer Today
The trusted attorneys at Stepp Law Firm are dedicated to helping clients pursue temporary guardianship in Houston. We have many years of experience helping Houston residents navigate the court system in regards to getting temporary guardianship. To discuss your next steps with a dedicated and trusted attorney in Texas and throughout the United States, call us today at (713) 336-7200 or complete our contact form.