Legal Question in Family Law in Texas
hello i am a 34 year old single mom. i have a 10 year old daughter. her father pays child's support but doesn't call or come see his daughter. for the pasted couple of months she
has been calling her dad when shes hungry. me and my mom has been taking care of her since day one. he really hasn't done anything. except pay child's support
if something happens to me can he get custody of her.
1 Answer from Attorneys
Yes, he is the other parent.
If you die, he would be the only surviving parent.
Your mother would have to "fight" for custody.
If you get sick, you and your mom might want to add her as an additional conservator in your paperwork giving her some "rights" to the child. It is unusual -- but I've done it -- usually when the mother was terminally ill or Dad was "absent".
I would talk to an experienced family law attorney in your county and see if the judge would do it. I've done it but I've made sure, before wasting a client's time and money, that the judge would approve it or that the other parent would agree to it before filing the paperwork.
If everyone agrees, it's quick and easy.
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