• July 23, 2021

How to Get Your Parents to Sign a Petition to End the Temporary Guardianship Law in Texas

How do you get your parents to sign a petition to end a Texas law that prevents parents from placing temporary guardianship over their children? 

The answer: by using the same arguments that have been used in the courts against guardianship laws. 

But that is exactly what the Austin, Texas-based Austin Family Law Group is doing with a new petition to change Texas’ guardianship law to allow parents to place temporary guardianships over their kids.

The group filed the petition with the Texas Supreme Court on Tuesday, the same day it filed a petition with two other state courts to end the Texas law. 

In the petition, Austin Family L.P. argues that “the temporary guardians’ rights are essential to protect the interests of the child, and that the law is unconstitutional because it deprives parents of the right to have a choice in their children’s guardianship.” 

In other words, the petition states that Texas is imposing a constitutional violation on parents when it allows parents to set their children up for permanent guardianship.

“A permanent guardian is a person who, under Texas law, is legally required to protect and care for a child from the child’s death, to provide all necessary support for the child in their care, and to be present for all of the minor child’s medical care and treatment,” the petition reads.

“The guardianship statute is intended to provide a mechanism for a parent to have control over the minor children’s lives.” 

It goes on to argue that “a permanent guardian can place the minor’s rights, including their ability to have their guardianship terminated, in a child’s best interest, without fear of the potential for abuse or neglect.”

The petition states, “A permanent guardians’ right to place their children in a foster home is not unlimited.”

The group further argues that Texas “unreasonably imposes an unreasonable burden on a parent who is not the childs primary caregiver in the home to place the child with a temporary guardian.”

The petition also states that, under the law, a parent can choose to not place their child in a permanent guardians care.

“Parents have the right not to place children in guardianship,” the group states.

“It is the parent who has the power to choose not to have the child placed in guardians care.”

The Texas Legislature approved a temporary guardians law in 2014, allowing parents to take care of children without supervision for a limited period of time.

The law was meant to protect parents from the “severe emotional, psychological and economic harm” of placing their children with a guardian.

The Texas Supreme Courts ruled in 2013 that the Texas Constitution did not prohibit temporary guardians from placing their own children with temporary guardians.