Can I Name a Guardian Who Lives Out of State or Even Overseas?
What to Consider If Your Chosen Guardian Doesn’t Live Nearby
By Mike Massey Law, PLLC – Estate Planning for Real Life Scenarios
When nominating a guardian for your minor children, it’s common to choose someone you love and trust—even if they don’t live in the same city, state, or even country.
So, can someone outside Texas—or even outside the U.S.—be a legal guardian of your children?
The short answer: Yes—but there are extra steps to consider.
✅ The Law: Can an Out-of-State or International Guardian Be Appointed?
In Texas, you can legally nominate a guardian regardless of where they live, including:
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Another state (e.g., California, New York, etc.)
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Another country (e.g., Canada, UK, India, etc.)
Ultimately, the Texas probate court must still approve and formally appoint the guardian—but your nomination carries significant weight if clearly stated in a will or declaration.
✈️ Practical Considerations for Out-of-State or International Guardians
| Factor | What to Know |
|---|---|
| Travel Delay | Guardians may need days or weeks to arrive—leaving children temporarily in limbo |
| Immigration/Visa Issues | International guardians may need proper visa access to remain long-term |
| Cultural & School Transitions | Moving a child abroad may require court approval and review |
| Court Preference | Judges may prefer temporary local placement until formal appointment |
🛡️ Best Practice: Name a Temporary Guardian Too
To prevent CPS from intervening, we strongly recommend naming a U.S.-based temporary guardian who can:
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Take immediate custody
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Communicate with authorities, schools, and doctors
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Care for the children until the permanent guardian arrives or is approved
💡 You can clearly state your intention for your permanent guardian to take over as soon as legally possible, even if that person is out of state or overseas.
📅 Ready to Get This in Writing?
We help parents across Texas prepare:
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Legally binding guardian nominations
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Temporary guardian documents
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Full estate plans that protect your children and assets, even across borders
📞 Book your planning call here:
👉 https://mytxwills.com/book-a-meeting/
📜 Disclaimer
The information in this blog is for general educational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Mike Massey Law, PLLC. Please consult with a licensed attorney in your jurisdiction for personalized advice.
