Legal Question in Family Law in Texas
Grandparents over father
I am a single mom of a 3 year old whose father is somewhere in north texas but not sure where. I have been living with my parents the whole time during pregnancy and for all but about 6 months after birth which was the only time I lived with her father. He was not there during pregnancy until the last month and then was gone a few months after birth and in 2006 was arrested and served time for possession for a month and then went left town since. He has emailed 2-3 times since to say hi but doesnt even ask about my daughter. I have spoken with his parents a few times who have seen him (they live out near dallas) and he has not had a job or a place to stay of his own. He does not pay child support of any kind ever. When we lived together I payed for the utilities and my parents payed for the monthly rent. If anything happens to me I want her to stay where she knows which is with my parents. Since he has pretty much never been around, she doesn't know him. What can I do to make it so my parents have her if something happens to me? Is it possible since he has never been around?
1 Answer from Attorneys
Re: Grandparents over father
Not unless his parental rights are terminated by court order, first. After your death, your parents could file an intervention, but the biological parent has a presumptive right, and grandparents have extremely limited rights. Terminations are not easily accomplished, however, and you should meet with an attorney to discuss your options in detail.