The American ideal of the nuclear family is not realistic for many Texas residents. Whether it is because one or both parents pass away, the parents are unfit to raise the child, or there is abuse in the home, sometimes a nuclear family situation is not possible. Such situations often demand that a different arrangement is made, and this arrangement often involves guardians or grandparents asserting grandparents’ rights.

A guardian is someone else, other than the biological or adoptive parent, who is chosen to raise a child. This can include an aunt or uncle, stepparent, other relative or a private person or state employee. An appointed guardian is able to make decisions on a child’s behalf. Some may be wondering just what decisions a guardian is allowed to make.

One of the decisions a guardian can make is whether to give consent if the child requires medical care or treatment. In addition, the guardian is able to make decisions on behalf of the child regarding the child’s financial situation, such as setting up joint bank accounts. What’s more, a guardian can decide on education matters, including choosing what school to send a child to. A guardian can also be responsible for handling the purchasing of necessary items such as food, cars, clothes, household products and other personal items.

The legal matters involved in guardianship can quickly become complicated. Sometimes, it can be difficult to convince courts that it is in the child’s best interests to be raised by someone other than the biological parents, such as a grandparent or close relative. Thankfully, there are attorneys available who have expertise in family law and can help assist with this process. With legal help, it is often possible to come to a resolution that is in the best interests of the child.


Source: FindLaw, “Guardianship Basics,” Accessed on March 1, 2016