Legal Question in Family Law in Texas

I have full custody of my son from a previous marriage. I am military and was gone from time to time so the custody order states that my current wife, my sons stepmom, retains custody anytime I am away or deployed. My son is now 7 and has lived with my current wife and I since birth pretty much. I am being sent to Afghanistan this summer, and my question is, should I not return (die) from my deployment, does my current wife retain custody?


Asked on 1/05/12, 10:05 am

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

Probably not. She could file for custody and might win, but your ex would be the only surviving conservator and thus entitled to possession of the child.

Best wishes in your service.

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Answered on 1/07/12, 8:40 pm


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