Legal Question in Family Law in Texas
Three children (under the age of 13) lost both parents, father in 2012 and mother in 2015. At the time of the mothers death she had a fianc� who had been living with her for about a year. The fianc� has never been married and does not have children of his own. What is the likely hood a judge will give him guardianship?
1 Answer from Attorneys
If he wants guardianship, he has a good chance of getting it if he can prove that having the children live with him is in the children's best interest. He has standing to file suit for take sole managing conservatorship of the children (and get their Social Security checks) based on section 102.003(a)(9) of the Texas Family Code. If you are related to the children within the third degree of consanguinity, then you also have standing to file suit under section 102.003(a)(13).
Frankly, I have to consult a chart to determine consanguinity. There's one at http://familypedia.wikia.com/wiki/File:Consanguinity.gif
I'm sorry for the children's loss.
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