Legal Question in Family Law in Texas

I have typed this up and I wonder if this will be able to stand just in case something does happen to both of my son's parents. Here it is:

This letter is to determine the custody and living arrangements of Christian Luis Jackson Jr. in the event something happens to his parents, Samantha Lorraine Villareal and Christian Luis Jackson Sr. In the event something may occur and both parents are no longer alive, Christian Luis Jackson Jr. is to permanently reside with his Grandparents, Rocio Aracely Villareal and Richard A. Villareal and they are to become his legal guardians. Visiting arrangements between the Grandparents and Christian Luis Jackson Jr.'s other Grandma, Maria Lisa Jackson is to be discussed between the two and an agreements is to be made.


Asked on 4/29/10, 7:06 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Technically, you aren't asking a question. You merely make a statement.

A letter is not binding on a court. What you attached is not a legal document.

I'm confused, you state " you are concerned if something happens to both of my son's parents". You cannot be a parent. I assume that you meant your grandson's parents.

Additonally, you don't state if the parents are currently married or divorced. This is relevent information that you have not included in your question.

There is a form that a surviving parent can execute stating who the parent would like to give custody to in the event of that parent's death. I have that form. I would need to meet with the parent and see if the parent is interested in signing the document. (I won't sell the blank document to you.)

One suggestion that I have would be that the parents should meet with an attorney that prepares wills and does estate planning to discuss all the options available to them.

If you are trying to save money, there is a time and a place to do that. This is not the time. I don't suggest buying a kit on-line or at an office supply store. These kits are NOT designed by a TEXAS attorney -- they are not TEXAS kits.

If you want a consultation, I charge $2 per minute. I'd be glad to meet with you or the parents do discuss their options.

If they are NOT interested, then you cannot make them do something they don't want to do.

The letter you prepared is confusing and not legally binding. Good attempt, but it won't work.

My email address is [email protected]. My phone number is 713-847-6000.

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Answered on 5/04/10, 9:57 pm


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