Legal Question in Family Law in Texas
Child custody in event of death
I am the 23 year old mother of a 22 month old boy. My son hasn't seen his father since September 2001. His father pays no child support and has never shown any interest in having a relationship with my son. I am a full time college student and am living with my parents until I graduate. I am concerned that if something were to happen to me and I was killed or became unable to care for my son that his father, who he doesn't even remember, would get custody of him. His father has said that he would like to have his parental rights terminated, but I have been told that many judges will not terminate parental rights unless another parent is waiting to adopt. I want to be sure that if something were to happen to me that my son would stay with the grandparents the he knows and loves if something were to happen to me. Since I am a full time student I have very little money to pay an attorney with, but I will do whatever is necessary to keep my son in a safe and loving environment. I do not think that a life with his father would be safe, healthy or happy. Thank you.
3 Answers from Attorneys
Re: Child custody in event of death
Do you have serious health issues? If it seems likely that you will be dead or incapacitated in the near future it makes sense to terminate parental rights of a father who is as irresponsible as that father appears to be. Sperm donors do not exercise their rights, they run and they hide. Terminating rights will not accomplish your goal. It costs a quarter of a million dollars to raise a child from birth to graduation from grad school. It is in your child's best interests to get as much child support as you can. My suggestion is that you file a paternity suit and make the sperm donor pay his fair share. You can put your wishes in your will. It is true that the judge has the final say on where your child will stay but a well written will be taken seriously. Unless you have serious medical problems I suspect that you child would be best served by a paternity suit and a well drafted will. if you live in the DFW area you can call me at 817 261-2671 for further consultation
Re: Child custody in event of death
If the father is not paying child support and has no relationship with the child, most judges will terminate the parent child relationship if that would be in the best interests of the child. YOu could also seek a custody order for your parents at the same time. Check with your local bar association, they might be able to refer you to some attorneys who can assist you with your financial constrainsts.
Re: Child custody in event of death
If he isn't paying child support and has no contact with the child, and will voluntarily terminate his rights, do it. Do a will that establishes the grandparents (or someone else) as guardians if you die. I don't think a court will turn you down if you think through how the child will be taken care of in the future without the father.
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