Legal Question in Family Law in Texas

Step-Mother Rights toward Custody of children

My husband has two children. Never married to their mother. He has paternal rights signed by the mother. Grandmother has had possession of the children along with their father for years. Father has now gone to prison. Children want to live with me, step-mother. Mother uses drugs and lives with her lesbian mother and her lover in Louisiana. Grandmother here won't let them live with me. Do I have any legal rights to them at all?


Asked on 5/07/01, 12:17 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Step-Mother Rights toward Custody of children

You have no "legal rights" as a parent or relative, but you would likely qualify as a guardian or you could be named a managing conservator with the court appointed rights as a parent.

You would have to prove to the Court, that your appointment as a managing conservator is in the best interests of the children. If the children are over 10, they can choose their managing conservator.

You will likely need a lawyer to do all of this legal work for you.

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Answered on 6/19/01, 5:00 pm


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