Logo, Law Office of Enacio B. Barretto, Legal Services in San Antonio, TX

Call: (888) 977-2393
1919 San Pedro Avenue
San Antonio, TX 78212


According to the law, the natural guardians are the biological or adoptive parents of a child. After a divorce, the parent with full custody is the natural guardian of the child. The natural guardian is expected to provide the child with all the basic needs and security.

However, in certain situations, the natural parent might not be up to the task of taking full care of the child. In such situations, the child might be assigned an appointed guardian. The appointed guardian must go through a court process before being given custody of the child, and this is where a guardianship attorney comes in.

The Law of Guardianship of a Child

The natural guardians of a minor child are the adoptive or the biological parents of the child. If you feel that a child you care for is not getting appropriate and expected care from their natural guardian, you can go to court to get the child’s custody either temporarily or permanently.

When the petition to be a guardian is accepted, one becomes a legal guardian. A legal guardian has the following authority over the child:

a) He or she can enroll the child in a public school within his or her community.

b) He or she can request and accept medical treatment on behalf of the child.

c) He or she is expected to care for the general welfare of the child.

How do I become a Legal Guardian?

The process of obtaining legal guardianship involves a number of steps:

1. Complete all the required forms.

These forms are found in the probate court of the county in which the child lives. There is a fee that is charged for filing and filing these forms, a fee which can be waived if you are unable to pay for them. The form you obtain will depend on whether you want temporary or permanent guardianship.

2. File the forms.

After filling the forms, mail or hand-deliver the forms. Keep a copy.

3. Notify the natural guardians.

Ensure that you inform the natural guardians that you are petitioning for the guardianship of the child. You also have to inform the minor if he or she is older than 14 and has not consented. This is done by mailing or delivering to them a copy of the court papers that you have filed.

4. Go to court.

A date for the court hearing is set, and on the said day, you are expected to appear in court together with the other parties. If the parties agree, the process takes a shorter time and is less expensive. However, if the petition is contested, both parties have to prove their case in court. Each side is advised to have a qualified and experienced guardianship lawyer to give them a better chance of winning the custody. You hold the burden of proof as you are expected to give evidence of why the child should stay with you and not with his natural guardians.

5. Receive the court’s decision.

After the court has heard both sides, the judge decides whether or not to grant guardianship to the plaintiff. If you are assigned guardianship, you are expected to file an official document agreeing to the responsibility. The decision as to whether your guardianship is temporary or permanent lies with the court.

Temporary guardianship can last for up to 6 months only while permanent guardianship lasts until the minor turns 18.

Responsibilities of a Legal Guardian in Boerne, Texas

Becoming the legal guardian of a child involves a lot of responsibility. The role of a guardianship lawyer, who can be found in a guardianship law firm, is to explain to you the magnitude of the responsibility you undertake upon being the legal guardian of a minor.

We are a guardianship law office with qualified and experienced guardianship attorneys who can work on your custody cases. Get a lawyer from us today!

Who is the Best Guardianship Attorney in Boerne or San Antonio, Texas?

If you or someone you know is dealing with a guardianship issue, you need to find an attorney you can trust. The Law Office of Enacio B Barretto will take care of all your needs with your guardianship case if you are in the Boerne or San Antonio or its surrounding areas. Attorney Barretto will do the hard work on your case so you can have peace of mind knowing you and your family are in the best hands.

If you are located in any of the following locations, The Law Office of Enacio B Barretto can help you with your case:

  • New Braunfels, TX
  • Seguin, TX
  • Floresville, TX
  • Hondo, TX
  • Jourdanton, TX
  • Bandera, TX
  • Pleasanton, TX
  • Converse, TX

Reach out to us today so we can get your case off to the right start.

Law Office of Enacio B. Barretto

1919 San Pedro Avenue San Antonio, TX 78212

Toll Free: (888) 977-2393