A surviving parent according to Texas Estates Code Sections 1104.051, or one of the parents in the event the parents do not live together.  In that case, the court determines which parent should be named as guardian in the best interest of the minor child. If there are no surviving parents, then a person designated in a will of the parent may be named as guardian of the minor child or children. Texas Estates Code Sections 1104.053.  If the parents had no will, or named no guardian for their children, then a relative, the “nearest ascendant” is entitled to serve as guardian. Texas Estates Code Sections 1104.052.  Additionally, however, if the minor child is aged 12 years or older, the court may consider a selected person of the child, if the “person selected is suitable and competent; and the appointment of the person is in the minor’s best interest”, Texas Estates Code Sections 1104.054.

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