The past few months our law firm has received a vast number of inquiries from potential new clients regarding guardianship. The calls included Elder Law guardianship concerning a person or property, and had several questions involving the guardianship or custody of a minor. The process of granting guardianship of a minor, especially in the state of Texas, can be an arduous task to achieve.
Ruling in Favor of the Child’s Welfare
Contrary to societal perception, the laws we have in place are rigorously created to ensure the minor’s safety. For example, when the biological parents of children decide to divorce, the custody of a child becomes a pivotal part of the divorce proceedings. In the United States, each state considers numerous factors as they establish the ruling on a child’s welfare. In the Lonestar State, the Texas Family Courts encourage each biological parent and their family law attorney to seek an amicable resolution. The Family Courts prefer this procedure to ensure the custody arrangement is beneficial for the children involved.
The Texas Family Courts rule based on the circumstances of each case, either for joint conservatorship, also known as “joint custody,” sole custody, or third-party custody; however, joint custody is generally the most common option. On some occasions, the Family Courts may decide against the parent(s) through evidence portraying them to be unfit. Generally, this stems from individuals challenging parental rights on behalf of the child. If a judge deems one parent as “unfit,” typically, the other parent receives custody. Because of the structure of Texas laws, non-parents must surpass numerous obstacles to get access with a parent’s objection. When both parents lose their parental rights, the Courts grant a third-party (non-parent) the opportunity to obtain custody. A non-parent accepts the possibility for custody through the following instances:
- The child has resided with the third-party (non-parent) for an extended timeframe.
- A judge deems both parents as unfit.
- The custodial parent is deceased and the noncustodial parent is unwilling or unfit via a judge’s ruling.
- Both parents have voluntarily relinquished the rights of the child (Peeler, 2019).
All cases, especially those involving children, are complicated and courts continuously focus on the child’s best interest before any other parties. So, if you are a third-party individual and find yourself attempting to gain custody, the best alternative is to contact an experienced family law attorney, like a family law attorney in Arlington, TX. They are the most dependable means of seeking visitation or custody regarding that particular child.
Thanks to Brandy Austin Law Firm, PLLC for their insight into seeking third party custody.
Peeler, T. (2019, June 6). Third Party Custody Rights. Retrieved October 9, 2019, from https://www.legalmatch.com/law-library/article/third-party-custody-rights.html.