Legal Question in Family Law in Texas

My my ex husband is dying and he is the custodial parent. do I get the kids back automatically or do I have to go through some type of legal action to get them?


Asked on 5/28/13, 7:57 am

1 Answer from Attorneys
Bruce Zivley Bruce C. Zivley, Attorney at Law

You will need to file a court action to modify the existing order since that order gave primary custody to your ex huband. Under the Texas Family Code, parents always have a preference over nonparents in custody questions. Once you ex passes away, you will obviously be the only parent remaining. I would be glad to visit with you concerning the steps you will need to take if you would contact me directly. My background and contact information can be found on my website at brucezivley.com

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Answered on 5/28/13, 8:13 am


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