May a surviving parent be the guardian of their minor child?

The person who is not an adult, and incapacitated only by age is referred to as the proposed ward.  In order to obtain a guardianship of the person or estate of a child the applicant must have standing to do so.  Pursuant to Texas Estates Code Sections 1104.051(c), the surviving parent “is entitled to be appointed guardian of the minor children’s estates”.    Further, when one parent is deceased, “the surviving parent is the natural guardian of the person of the minor children”.  Id.



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