Legal Question in Family Law in Texas

If wife is going to die and does not want the child to live with her husband because of his mental instability. what can be done


Asked on 3/28/10, 9:29 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

The Probate Code says that the surviving parent is the "natural guardian" of the child.

Are there any relatives - aunts and uncles, or grandparents - who have had a lot of contact with the child? They can file an original action asking for custody if the child's present situation is dangerous to the child.

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Answered on 4/02/10, 9:41 am
Fran Brochstein Attorney & Mediator

I've added someone in a SAPCR while Mom was still alive and could stand in front of the Judge and tell the Judge why. This needs to be done NOW while Mom can still be involved.

You don't state where the family lives. They should be in an experienced family law attorney's office next week.

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Answered on 4/02/10, 9:46 am


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