While it may seem similar, guardianship and
custody of a child are not the same things. In a divorce proceeding, two parents
must decide how to split custody between them. If they can’t agree
a judge will decide for them based on the best interest of the child.
Both parents could share physical and legal custody, or one parent could
be appointed full custody.
Guardianship, however, is a completely different legal area. During the course of a
marriage, some parents are wise enough to start planning for their estate.
In the event of their deaths, who will care for their small children?
Probate laws cover guardianship, meaning parents can legally assign a guardian
to look after their child they are incapacitated or killed. According
to Texas Probate Code § 602, a guardian’s job is to “promote
and protect the well-being” of the person appointed to their care.
Therefore, during a
divorce, you and your spouse will not be deciding guardianship; you will be deciding
on custody. If you are still married, you and your spouse can both create
a will together that appoints a trusted individual the guardian of your
children and your estate if you are no longer capable of making important
If you’re interested in negotiating custody with your spouse, don’t
hesitate to call us. Our skilled Houston divorce attorneys have been helping
people navigate the divorce process for more than 30 years. We can take
a look at the details of your case and give you knowledgeable recommendations
about your best course of actions. Our advocates at the
Law Office of Kathryn Marteeny are dedicated to providing empathetic legal representation for our clients.
Let us see what we can do for you.
Contact us at (713) 936-2300 or fill out our online form to schedule a case consultation today.