What is a guardianship hearing?

A guardianship hearing is a legal proceeding in Texas Family Law that determines if it is in the best interests of a child to appoint a guardian. The court must consider the desires of the child, if of sufficient age and capacity, when making this determination. Additionally, the appointment must be in the child’s best interest and cannot be to the benefit of any other party. The hearing can be requested in a couple of different ways. One way is through a petition that is filed with the court by the parent, grandparent, or other person with an interest in the child’s welfare, asking the court to appoint a guardian. Another way is through a request from the attorney of a child who is involved in a family law case, such as a divorce or custody dispute. During the guardianship hearing, the court will consider evidence from both sides. This may include testimony from witnesses, the child’s family members, and the guardian. The court will also consider the child’s best interests when making their decision. The goal of a guardianship hearing is to ensure that the guardian appointed is someone who will take appropriate action to protect the child’s welfare and interests. After the court renders a decision, the appointed guardian has the legal authority to make decisions on behalf of the child.

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