Detailed Answer

Short answer: Often yes — either the minor, the minor’s parent or guardian, or an attorney/representative must appear at a court hearing to get a minor’s settlement approved in Texas. The court must confirm the settlement is fair and in the child’s best interest before authorizing distribution or other actions.

Why a hearing usually happens

Texas procedure requires special protection for settlements that resolve claims by persons under 18 (minors). A judge must approve many minor settlements so that the court can:

• Confirm the settlement is reasonable and in the child’s best interest;
• Decide how settlement funds will be handled (lump sum, structured payments, court registry, blocked account, special needs trust, etc.); and
• Review and approve attorneys’ fees and litigation costs tied to the settlement.

What law or rule covers this in Texas

Texas civil procedure treats suits for minors and incapacitated persons differently. See Texas Rules of Civil Procedure, Rule 44 (next friend and guardian ad litem matters). For the official rules and context, see the Texas Rules of Civil Procedure page: Texas Rules of Civil Procedure (Texas Judicial Branch). Courts also rely on local rules and case law when supervising minor settlements.

Who must attend the hearing?

Attendance depends on the court’s requirements and the child’s situation, but commonly required attendees include:

• The minor (often required if the judge wants to hear directly from the child; younger children may not be required to testify);
• The minor’s parent(s) or legal guardian;
• The minor’s attorney or the plaintiff’s attorney who handled the claim;
• A guardian ad litem, if the court appointed one to represent the minor’s interests separately;
• Defendants and their counsel may appear if necessary to confirm settlement terms or resolve liens.

Some courts allow counsel to appear on behalf of the child without the child physically present when the judge is satisfied by affidavits, medical records, or other evidence supporting the settlement. But many judges prefer an in-person or virtual appearance by the child and parent(s), especially for significant settlements or when payment method (trust, structured settlement) requires explanation.

What happens at the hearing — step by step

1. Clerk calls the matter. The attorneys and interested parties appear.
2. The plaintiff’s attorney or counsel explains the settlement terms to the court: amount, who gets paid, proposed division of funds, attorneys’ fees, and any lien or medical bill resolution.
3. The judge questions the parties or the child (if present) to confirm the child understands, to probe for coercion, and to make sure the settlement is fair and adequate.
4. The judge decides how to handle the funds: approve lump-sum distribution, order money placed in the court’s registry, direct placement in a blocked account, approve a structured settlement annuity, or require funds be placed into a trust or guardianship account for the minor.
5. The judge signs an order approving the settlement, approving attorneys’ fees, and directing how the payout will be made. The clerk and parties follow the order to finalize distribution and any paperwork (e.g., payee forms, trust documents).

Common outcomes for settlement funds

• Court-approved lump-sum paid to parent or guardian with restrictions;
• Placement of funds in the court registry or blocked account until the minor turns 18 (or older if the court orders);
• Structured settlement (annuity) that pays over time;
• Creation of a special needs trust or guardianship account when the minor has disabilities that could affect public benefits;
• Reduction or payment of medical liens and creditors before final distribution.

Do you need an attorney for the hearing?

It’s not always legally required that the minor have independent counsel, but courts often appoint a guardian ad litem or require separate counsel when the settlement terms raise questions about adequacy, conflicts of interest, or the child’s best interest. An attorney experienced in Texas minor settlements can prepare documents, explain options (trust vs. blocked account vs. structured settlement), and present the case so the hearing proceeds smoothly.

What to bring and how to prepare

Bring the following to the hearing unless your attorney tells you otherwise:

• Photo ID for the adult(s) attending;
• Court filings: petition, settlement agreement, proposed order, any affidavits or medical records relied on;
• Documents showing liens, medical bills, or other debts the settlement will satisfy;
• Records explaining how you propose to handle the funds (trust documents, annuity paperwork, or bank account instructions);
• Copies of any power of attorney, guardianship documents, or prior court orders affecting the minor.

How long does a hearing take and when will funds be released?

Minor settlement hearings often last 15–60 minutes for straightforward cases. Complex matters (large settlements, disputed liens, or structured settlements) can take longer or require multiple hearings. After the judge signs the order, funds often require additional processing — payment from defense counsel or insurer, lien payoffs, and bank processing — so distribution can take days to weeks.

What if someone can’t attend?

If a parent, guardian, or the minor cannot appear, courts sometimes accept sworn affidavits, video appearances, or counsel representation. You must ask the judge in advance (through your attorney or the clerk) whether a remote appearance or affidavit is acceptable. Do not assume absence is allowed without court permission.

Risks of skipping the hearing

If required participants do not attend, a judge can delay approval, require appointment of a guardian ad litem, or reject the proposed settlement. Rejection can force reopening negotiations or restarting court proceedings, increasing delay and cost.

If the minor has special needs

If the minor receives public benefits (Medicaid, SSI), the court will pay special attention to whether the settlement will affect those benefits. Courts often order funds placed in a properly drafted special needs trust or structured settlement to preserve benefits. Consult counsel and provide evidence about benefits status before the hearing.

Key court rule reference: For how Texas courts treat suits involving minors and incapacitated persons, see Texas Rules of Civil Procedure, Rule 44 (next friend and guardian ad litem). The Texas Rules are available at: https://www.txcourts.gov/rules-forms/rules-standards/texas-rules-of-civil-procedure/

Disclaimer: This article explains general information about Texas procedure for minor settlements. It is not legal advice. Laws and local court practices vary. Consult a licensed Texas attorney about your case and your county court’s procedures before the hearing.

Helpful Hints

• Confirm the court date, time, and courtroom with the clerk ahead of time and ask whether the judge allows virtual appearance.
• Ask your attorney to file a proposed order and any required affidavits before the hearing to avoid delays.
• Bring documentation of medical bills, liens, and any benefits the minor receives so the judge can review how the settlement affects obligations and eligibility.
• If the minor receives public benefits, discuss special needs trust options with counsel early — judges frequently require a trust to protect benefits.
• Dress neatly and arrive early. Courtroom decorum helps the process move smoothly.
• If you expect to be absent, seek the court’s permission in writing (through counsel) rather than skipping the hearing; an absent required party can cause rejection or delay of approval.
• Be prepared to explain how attorneys’ fees were calculated; the judge must approve any fee taken from the settlement.
• Keep copies of the signed order, settlement agreement, and any payment instructions; banks and insurers often require these to release funds.
• If you disagree with a proposed plan for the funds, speak with a lawyer or request a guardian ad litem so the minor’s position is independently represented.
• Expect some waiting after approval: lien resolution, insurer checks, and bank processing can create additional delay before funds arrive.