Legal Question in Family Law in Texas

Unusual custody case...

I have a 4 1/2 yr old son who was born when I was 16. Me and his father never married. He has never paid child support. We have had equal custody over him until recently. Now I have majority custody and pay for his medical and everything else. I want this legalized and documented and also want to find out how my husband can become a legal guardian over my son in case something were to happen to me so he would still be able to see and take care of my son and make legal decisions such as with education or medical issues. His father still lives with his parents and works minimum wage and we have our own apartment and can financially support my son as well as our daughter which will be here in March.


Asked on 1/26/09, 10:22 am

2 Answers from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Unusual custody case...

I would be glad to discuss the legal issues which you presented in your question. The first question is to determine whether the parent child relationship has ever been legally established between the fater and the child. The father might be willing to terminate the parental rights or potential rights, thereby allowing your husband to go through a step parent adoption. I am a board certified specialist in the field of family law here in the Houston area. Contact me directly if you desire to more fully discuss your options.

Read more
Answered on 1/28/09, 10:45 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Unusual custody case...

Based on what you have written, there are more questions which need to be answered prior to any direction. You say that "I have majority custody and pay for his medical and everything else." Is the prior statement via a court order? Also, what age is the father? These are just two of many questions which will need to be answered prior to proceeding with any court actions. If my local law firm can assist you with this legal issue or any other legal matter, please do not hesitate in contacting my paralegal Tina ([email protected]) to arrange for an initial consultation.

Read more
Answered on 1/26/09, 2:35 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas