Petition for Appointment of Guardian of the Person
CASE NUMBER: 26PG-0033308 This matter is on calendar for hearing on a Petition for Appointment of Guardian of the Person. The Petition was filed by the minor’s aunt, Trina Isom. Letters of Temporary Guardianship were issued on April 16, 2026, and are set to expire today unless further extended.
The minor has consented to the guardianship. The Court will dispense with notice to the deceased mother, father, maternal grandfather, and paternal grandmother. There is no proof of service of the Notice of Hearing and Petition for maternal grandmother, paternal grandfather, or siblings Breanna, Brittany, Hannah, and Karley. Insufficient information has been provided to permit the Court to dispense with notice to these parties. The Indian Child Inquiry Attachment (form ICWA-010(A)) is incomplete, as it does not indicate a sufficient inquiry has been made regarding the minor’s status as an Indian child. The Court has reviewed the memorandum from the Court Investigator received on May 21, 2026, which states an investigation could not be completed.
Family Code § 3421(a) provides that a court of this state has jurisdiction to make an initial child custody determination only if any of the following apply: (1) this is the home state of the child on the date of commencement of the proceedings; (2) this was the home state of the child within 6 months before the commencement of the proceedings and the child is absent from this state but a parent or person acting as a parent continued to live in this state; (3) a court of another state does not have jurisdiction; or (4) a court of the home state of the child has declined to exercise jurisdiction on the grounds that this state is a more appropriate forum.
The Petition and Declaration Under Child Custody Jurisdiction and Enforcement Act indicate that the minor has been living in the State of Texas with Petitioner since January 19, 2026. The child resides in Texas and does not have a parent or person acting as a parent in this state. While the minor has not lived in the State of Texas for at least six months, she will have resided there for six months as of June 19, 2026. Considering proper notice has not been provided, no ICWA inquiry was made, and a proper investigation could not be completed, Texas is a more appropriate forum for Petitioner to file for guardianship.
The Petition is DENIED without prejudice. The clerk is directed to close the file. No appearance is necessary on today’s calendar.
GUARDIANSHIP OF MAKAYLA LINDSTROM
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