Legal Question in Family Law in Texas
I live in Texas an have a son in Newmexico. His mother passed away. D I automatically obtain sole custody of my son?
1 Answer from Attorneys
If you are the child's only living legal court ordered guardian or birth parent, yes. However, if any of your parental rights have been terminated, changed, or restricted by a court order you might not have automatic custody of your son. If there are any court orders concerning you and your son those should be examined by an attorney to determine any issues with your son's custody. Also, if you have not seen your son in a long period of time (more than 6 months) or someone else has taken care of him physically or financially for any length of time, they might have a claim for his guardianship also which can affect your custody or parental rights.