Legal Disputes Regarding Guardianship Over Minor Children
Posted on Apr 6, 2017 12:30pm PDT
Many people assume that it isn’t necessary to have a last will and
testament if their estate is small. But in fact,
every adult who has a minor child should visit an
estate planning attorney to have a will drafted near Conroe, TX. A will can accomplish more for
you than merely designating beneficiaries for various assets. Wills also
allow parents to designate guardians in the event that they die before
their children reach the age of majority. In addition, a guardian might
also be appointed to care for an adult child of a deceased parent if that
child has incapacitating special needs.
Contesting a Guardian’s Eligibility
Disputes regarding guardianship may arise when the guardian’s legal
eligibility is called into question. If a deceased parent did not appoint
a guardian in the will, then the court will usually appoint the next of
kin as guardian. Another relative may contest that person’s eligibility
to serve as guardian on the basis of that person’s poor conduct.
Alternatively, a guardian appointed by the court or designated in a will
may be disqualified from caring for minor children because of a conviction
of any of the following:
- Sexual assault
- Aggravated sexual assault
- Aggravated assault
- Abandonment or endangerment of a minor
- Incest
- Inflicting injury on a child
Even if a designated guardian has not been convicted of such offenses at
the time that he or she takes custody of the child, their guardianship
may be reversed later on if the guardian is subsequently convicted of
a criminal offense, or has neglected the child.
Demonstrating Parental Relationships
Legal disputes may also develop if a minor child still has a living, biological
parent. Texas law gives preference to appointing the natural parent of
a child as the legal guardian. This means that if one of the parents dies,
the other parent may petition for custody even if the deceased parent
had expressed a preference for another guardian in the will. For example,
Mary drafts a will that designates her child’s grandparents as the
legal guardians in the event of her death. She prefers that her ex-husband,
John, not be appointed as the guardian because of his documented history
with substance abuse and prior convictions. In addition to designating
a guardian in her will, Mary has her lawyer draft a document that explains
and gives evidence of John’s unfitness as a parent. Without evidence
of parental unfitness, the court may have given preference to John because
of the biological relationship.