Legal Question in Family Law in Texas
Child Guardianship
If a friend was to use a living will and leave the unborn child to myself, what steps need to be taken to ensure that I would gain custody of the child. Also if the fathers name is on the birth certificate would I have to prove him unfit?
2 Answers from Attorneys
Re: Child Guardianship
A child is not property which can be passed by a Will. An order of the Court concerning custody and possession must be obtained. Sounds like you are trying to adopt the quick and dirty way which would be totally ineffective.
Re: Child Guardianship
A "living will" is totally wrong.
Many hospitals won't put the father on the birth certificate if he's not there. It's a hospital policy and not consistent throughout the State of Texas.
Lastly, the mother really needs an attorney NOW to assist her through this complicated process.
As the other attorney said, you are trying something down and dirty and it's going to back-fire!
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