Legal Question in Family Law in Texas
In the best interest of my daughter when she was 5, I let her grandfather take over main conservatorship over her. His health is failing and won't be alive much longer. What happens to my daughter after he passes away, my daughter is almost 12. Does her grandmother (who's not on the paperwork) automatically take over or are we going to have to go to court again? At this time, I believe her best interest would be to come and live with my fianc� and I. Please help. Thank you.
1 Answer from Attorneys
If your father dies it would depend who else is listed as a conservator. Apparently the grandmother is not included in the last litigation. I assume that the mother and father are listed as conservators. If so, a judge needs to appoint a new primary conservator to establish her home. If the bio parents are not listed, someone needs to go to court and ask for custody.
Be aware, that the grandmother will have standing to ask the court for the child to remain in her home. I urge you to immediately talk to a family law attorney about your options. This attorney will review the current court order and can tell you what it says.
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