Legal Question in Family Law in Texas

Re: Who gets the kids if I die?

I agreed with Theresa.

If you have reason to believe that you might die before the children reach 18, you can go to court before you die and have a person appointed as a joint conservator of the children.

I offer a free consultation if you live in Harris or Fort Bend Counties.

www.familylaw4u.com

Re: Who gets the kids if I die?

Get a divorce, use the finding of family violence with the other girlfriend to your advantage. Restrict his possession and access to supervised and prepare a will. The Will will not stop him from trying to fight for the kids. You will need to serve him or a court my appoint an ad litem to represent your husband--this could be costly- you need to try and find him to serve him the divorce.

Re: Who gets the kids if I die?

You need to get a divorce. Although in a will, you can name a guardian for your children, his biological rights would supercede. Which means a lawsuit for the guardian to prove to a court that their rights as guardian should prevail. Which they may or may not be able to do. Which leaves your kids in a difficult situation, maybe even harmful. You can get a divorce without knowing where he is. You only have to establish that you made diligent effort to locate him, were unable to and his notice will be posted at the courthouse door. You can avoid alot of trauma to your kids later on, by taking care of this now. Let me know if you need additional information. An attorney can get you a default divorce at an affordable cost. TCL