What If There Is No Named Guardian for Your Minor Child in Texas?

 Posted on July 28, 2025 in Guardianship

No parent wants to think about a future where they are not around to raise their child, but planning for the unexpected is one of the most important acts of love and responsibility you can do. In Texas, naming a guardian for your minor child in your will or estate plan helps ensure that your child will be raised by someone you trust. To learn more, speak with a qualified San Antonio, TX family law attorney.

Who Takes Care of Your Child If You Do Not Name a Guardian in Texas?

If you do not name a guardian and both parents pass away or become incapacitated, a Texas court will step in to determine who should care for your child. Under Texas Estates Code § 1104.051, the court is tasked with selecting a guardian who will act in the child’s best interests. This might sound straightforward, but it can become a complicated and emotional process.

Without clear direction from you, multiple relatives may petition the court, or the court may appoint someone who does not reflect your values, parenting style, or personal preferences. In some cases, the court may even appoint a non-family member if it believes that is best for your child’s safety and well-being.

Can More Than One Person Apply to Be Guardian?

It is common for multiple relatives to come forward when a guardian is not named. This can lead to disagreements, delays, and expensive court proceedings. The judge will evaluate each potential guardian by considering their relationship with the child, their ability to care for the child, their financial situation, their home environment, and whether they have any criminal or CPS history.

Even well-meaning relatives may differ on how they believe a child should be raised. Without your voice in the matter, the outcome may not reflect your wishes.

Why Should I Name a Guardian in Advance?

Taking the time to name a guardian allows you to:

• Choose someone whose parenting style aligns with your values;

• Avoid potential court battles between relatives;

• Prevent your child from being placed in temporary foster care while the court decides;

• Provide peace of mind for yourself and your family.

As of July 2025, Texas law allows parents to name a guardian for their minor children in a will or through a separate "declaration of guardian" under Texas Estates Code § 1104.202. This declaration can even include alternate choices if your first choice is unavailable.

Contact a San Antonio, TX Guardianship Lawyer

If you have minor children, now is the time to name someone you trust to care for them if something happens to you. Contact a San Antonio, TX guardianship attorney at The Law Office of Ryan C. Moe, PLLC to start building a plan that protects your family’s future. Call 210-861-6000 to schedule a consultation and learn how we can help.