Legal Question in Family Law in Texas

Texas does not recognize "custody." You probably are referring to conservatorship. A guardianship is obtained through the probate courts when there is no available parent to take care of a child. Conservatorship goes through the district or county court system and determines the rights and duties of parents or others (typically relatives) to a child.

There are exception, so if you have questions, you should consult an attorney who practices in one or both areas.