Legal Question in Family Law in Texas

I have a 16 year old son. If something were to happen to me and I died, would my daughter, who is 22, be able to get custody of him? His father is completely out of the picture. In the past, his father has been to jail, and my son wants nothing to do with him. My parents passed before my son was born, so they wouldn't be able to receive custody either. Is there anything can do to ensure if something happens to me, my daughter will be able to receive custody.


Asked on 9/20/12, 4:31 pm

1 Answer from Attorneys
Robert Perez Perez Law Office, PLLC

You can designate your daughter as guardian for your son in your will, since she is legally an adult. It would probably be a good idea to discuss it with her first, to be sure that she is willing to take on this responsibility.

If you die without a will and fail to name a legal guardian, the court will decide whom to appoint as guardian for your minor children.

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Answered on 9/20/12, 11:01 pm


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