How to File for Guardianship in Texas Without a Lawyer

You do not need an attorney to file for guardianship or custody of a minor in Texas. The law allows self-represented (pro se) filing in both probate guardianship cases and SAPCR conservatorship cases. That said, the process has technical requirements where a mistake can get your case dismissed — so knowing the steps before you file is important.

Step 1: Determine Which Court

This is the decision most pro se filers get wrong. Texas has two separate legal tracks:

• Probate court (Estates Code guardianship) — used when no fit parent is available and/or the child has assets that need court supervision
• District or family court (SAPCR conservatorship) — used when a living parent's rights need to be modified and you're seeking managing conservator status

Filing in the wrong court means dismissal. If a living parent is involved and you're seeking custody over their objection, you almost certainly need a SAPCR in district/family court, not a probate guardianship.

Step 2: Gather Your Documents

Before visiting the courthouse, assemble:

• Child's certified birth certificate
• Your government-issued photo ID
• Proof of your relationship to the child (your own birth certificate, marriage certificates, or other records showing the family connection)
• Documentation supporting your standing — records showing the child has lived with you (school records with your address, medical records, utility bills)
• Evidence for the threshold affidavit if filing a SAPCR — DFPS reports, police reports, medical records, school attendance records showing the child's situation with the parent
• Proof of public benefits (SNAP, TANF, SSI, Medicaid cards or verification letters) if you plan to request a fee waiver

Step 3: Complete the Forms

All required forms are free from official sources:

For SAPCR (custody):

• Form FM-SAPCR-100 — Original Petition (TexasLawHelp.org)
• Threshold Nonparent Affidavit — required when a nonparent seeks managing conservatorship in an original or modification SAPCR (attach to the petition)
• Form VS-165 — Information on Suit Affecting the Family Relationship
• Form CB-CFFW-100 — Fee waiver (if needed)

For probate guardianship:

• Application for Appointment of Guardian — available from your county's probate court clerk or the Texas Judicial Branch website
• JBCC background check authorization
• Form CB-CFFW-100 — Fee waiver (if needed)

Fill out every field. Leave nothing blank — write "N/A" or "unknown" where a field doesn't apply. Incomplete forms are the most common reason clerk's offices reject filings.

Step 4: File with the Clerk

Pro se filers may e-file voluntarily through eFileTexas or file paper pleadings at the clerk's counter, depending on local court rules.

The clerk stamps your petition, assigns a cause number, and issues citation for service. Under Rule 145, a filed Statement of Inability allows the case to proceed without prepayment unless the clerk or a party contests it by sworn motion; costs cannot be imposed without an oral evidentiary hearing after 10 days' written notice.

Step 5: Serve Every Required Party

You cannot serve papers yourself. Service must be completed by a sheriff, constable, court-certified private process server, or county clerk by certified mail with return receipt requested. A valid waiver of service may be used where allowed by the court.

For each parent:

• Local and reachable: Constable serves the citation and petition copy in person ($60–$85, depending on the county)
• Incarcerated: Service is directed to the facility warden; the parent still has due process rights and may participate by phone, video, or bench warrant
• Missing: File an Affidavit of Diligent Search describing every effort you made to locate the parent, then request citation by publication; the court appoints an Attorney Ad Litem at your expense to represent the absent parent's interests

Step 6: Prepare for the Hearing

In an uncontested case (all parties agree), the hearing is a prove-up — the judge confirms the agreement on the record and signs the order. This is typically brief, but you still need to be prepared to answer the judge's questions about the child's living situation, your ability to provide care, and why the arrangement serves the child's best interest.

In a contested case, you present evidence, the opposing party responds, and the judge decides. Contested hearings are where pro se litigants are most at risk — the rules of evidence apply, and you need to introduce your documents properly, question witnesses, and respond to objections.

When You Should Consider an Attorney

Filing pro se works well for uncontested cases where everyone agrees. If the case is contested — a parent objects, custody evaluations are ordered, or discovery is involved — the process becomes substantially more complex. Legal aid organizations serve income-qualifying families at no cost. Check with Lone Star Legal Aid, Legal Aid of NorthWest Texas, or the Texas Legal Services Center.

Our Texas Guardianship and Custody Court Process Guide is designed for pro se filers: it walks through every form, every deadline, and every step from the route decision through the final hearing, with preparation checklists and a service-of-process tracker.

See more Texas guides →