Legal Question in Family Law in Texas
Custody of a child after my death
I have had sole custody of my nephew. My sister (his mother) is mentally ill. He is 11 ...I have had him for 10 years. My boyfriend of three years lives with us. How do I go about seeing that my boyfriend would get custody of Danny in the event I should die? Danny loves him and would want to go to him. there is no one else. Would just my will cover this or does something else have to be done?
1 Answer from Attorneys
Re: Custody of a child after my death
The safest avenue is for you to marry your boyfriend, and have him named joint conservator of your nephew. If you do not marry, then you can still attempt this route, although it is very risky in the event you break up. Provided your legal ties to Danny are solid you can name your boyfriend in your will. What is the legal status of the bio dad? Why not terminate parental rights and adopt Danny? It would prevent any issues down the road.