Legal Question in Family Law in Texas

Custody

My fathers ex wife's mother, Geneva, had custody of my 13 year old daughter. Geneva passed away suddenly in 2005 and did not leave a will nor did she sign rights to my dautghter over to anyone. My daughter is now with my fathers ex wife, Sandy. Sandy is on all sorts of pills and no telling what else. There is alot more to the story, and I don't have enough charecters to tell. My question is this, and no one seems to be able to answer it for me. Since Geneva had custody and is now deceased and did NOT sign my daughter over to anyone, and my rights were NEVER terminated, who is supposed to have her? Is there anyway that I can get her and how do I need to go about doing so. Please help.

Thanks


Asked on 4/02/07, 1:34 pm

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Custody

You need to see a lawyer about going to court to get the custody changed to a living person. Custody is not a property right that passes on death. If a court has given custody, another court order must change it.

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Answered on 4/02/07, 2:41 pm
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Custody

The answer is . . . it depends. Normally you, as the bio mother, would automatically have the child. But it depends on what the court order granting her custody says, and why you lost custody.

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Answered on 4/02/07, 4:25 pm


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