Texas Statutes
§ 1104.051 — GUARDIAN OF MINOR CHILDREN.
Texas § 1104.051
JurisdictionTexas
Code ESEstates Code
This text of Texas § 1104.051 (GUARDIAN OF MINOR CHILDREN.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tex. Estates Code Code Ann. § 1104.051 (2026).
Text
Sec. 1104.051. GUARDIAN OF MINOR CHILDREN.
(a)If the parents live together, both parents are the natural guardians of the person of the minor children by the marriage, and one of the parents is entitled to be appointed guardian of the children's estates. If the parents disagree as to which parent should be appointed, the court shall make the appointment on the basis of which parent is better qualified to serve in that capacity.
(b)The rights of parents who do not live together are equal. The court shall assign the guardianship of their minor children to one parent considering only the best interests of the children.
(c)If one parent is deceased, the surviving parent is the natural guardian of the person of the minor children and is entitled to be appointed guardian of the minor children
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Legislative History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759 ), Sec. 1.02, eff. January 1, 2014.
Nearby Sections
15
§ 1104.001
GUARDIAN OF THE PERSON OR ESTATE.§ 1104.002
PREFERENCE OF INCAPACITATED PERSON.§ 1104.003
TRAINING REQUIRED.§ 1104.051
GUARDIAN OF MINOR CHILDREN.§ 1104.052
GUARDIAN FOR MINOR ORPHAN.§ 1104.054
SELECTION OF GUARDIAN BY MINOR.§ 1104.102
APPOINTMENT PREFERENCES.§ 1104.151
DEFINITIONS.§ 1104.152
REQUIREMENTS FOR DECLARATION.§ 1104.154
ALTERNATIVE TO SELF-PROVING AFFIDAVIT.§ 1104.155
ALTERNATE SELF-PROVING OF DECLARATION.Cite This Page — Counsel Stack
Bluebook (online)
Texas § 1104.051, Counsel Stack Legal Research, https://law.counselstack.com/statute/tx/ES/1104.051.