Legal Question in Family Law in Texas

3 Days ago, I just found out that my daughter's biological father has terminal cancer and is set to pass within a month or so. The problem is, my daughter has never met him and is almost 16. The biological father and his wife have known of his condition for almost a year and have neglected to tell us of his dire situation and of their visits to Houston, for his treatments, that is only an hour from where we live. I have talked with the bio-dad once and at his request, wanted to see us ASAP. I also talked with his current wife, which told me to come after Christmas and not to call his cell anymore, but to call her instead. Which I'm not to wild about considering that they haven't kept us abreast of his condition up until now. We are currently calling his cell phone and his wife's cell phone and have not gotten a call back. What are my legal rights as the guardian of my child? We feel that we are being mentally tortured on purpose. Thanks for your help.


Asked on 12/20/10, 12:07 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

I doubt that they are mentally torturing you.

Obviously, his wife is not handling his dying well. Also, if he is very ill then he might have taken a turn for the worst and both of them are very busy and just have not had time to deal with you.

Here is the unpleasant reality regarding your daughter's father -- he never wanted to have a relationship with his daughter or else he would have done this - he's had 16 years to do something. He knew that he was terminally ill for a year and he did not call her. He had time to "get his affairs in order". She was not on his list of "getting his affairs in order".

Your ex-husband might physically be so weak that he's not able to really have visitors at this time. He might be semi-conscious right now. You truly don't know what is going on. If his death was announced to be within a month, the doctor's might be wrong and he might be dying right now. Doctors are not always accurate about death timetables.

If you know what hospital he's at or where he lives, why not just drive to where he is. The worst is that the trip is wasted.

Now about your daughter. I urge you to get her into therapy so that she can talk to someone about her father. She needs to recognize that none of this was her fault. He made the decision not to be a part of her life. What a horrible burden for a teen-age to bear. How unfair for your child to bear at this time of the year.

Mom, you need to be very strong for her! She needs you now. I will certainly pray for you and your daughter as you go through this horrible time. I can't image what your daughter is going through.

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Answered on 12/27/10, 9:31 am


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