Legal Question in Family Law in Texas
My stepson's mother passed away this summer and I am being told that we will have to hire an attorney and file for custody of him. Is this correct? We live in Texas and he is with us now. I cannot get him registered for school without custody papers and I am being told I need the death certificate which I will not be able to get for 12 weeks! What can I do myself to get this taken care of?
1 Answer from Attorneys
Assuming that you are living with the child's father, in order to obtain legal custody, you and your husband will need to file a Suit Affecting the Parent-Child Relationship (SAPCR) seeking a court order making your husband Sole Managing Conservator.
You can either hire an attorney to handle this for you, or you can do it yourself - if you don't expect anyone to challenge you for custody. You can find the required form for a SAPCR petition on line and file it with the appropriate court - preferably the same court that handled the original custody order. There are also attorneys (myself included) who offer the required paperwork for a Petition to Modify the Parent-Child Relationship online, along with legal advice, for a fixed fee.
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