Legal Question in Family Law in Texas

Custody designated thru written will

I'm licensed in Tennessee, not Texas, so you may want to consult an attorney there to make sure, but GENERALLY the mother can state whatever she wishes in her Will.... but it will NOT control what is done with the custody of the child.On the death of the parents, or the single parent having custody, the courts will look at what is in the best interests of the child, and in most states will also look first to a surviving parent and that surviving parent will get custody unless there are very strong reasons that parent should not get custody -- in other words that custody with the surviving parent would pose a serious risk of serious harm to the child.Parents have rights to raise their children that are protected under the U.S. Constitution (though in divorce or in the case of unmarried parents, obviously a decision must be made as to who gets custody, and at that time the decision is generally based on which parent would be in the best interests of the child).But you CAN strongly influence a court's decision by setting out in detail why you would NOT want the surviving parent to get the child (or any other specific individual you fear might seek custody), and also why you feel a particular person would be BEST to have custody.Put in as much detail as you can so the court has some basis for the decision you would like... but remember that generally the court will NOT be bound by your Will with regard to custody of your child(ren).