Legal Question in Family Law in Texas

You need to see an attorney and get legal custody of the children. Talk to an attorney in your county about the cost of doing this. Good luck! I'm so sorry for your recent loss.

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I agree that you need to get custody of the children. Normally when one biological parent dies the other biological parent takes custody. You may need to adopt these children.

I'm not sure about child support. Usually child support is payment from a non possessory parent to a possessory parent. Both parents have a duty to support the children however, the parent that the children spend the most time with is going to spend more money supporting them than the other parent. Hence the non possessory parent has a duty to pay child support.

As a stepparent who has not adopted the children you have no duty to support them. Hence under the family code, a court may not be able to order their father to pay child support to a stepparent.

However, you are performing a legal duty that the biological parent has. There may be a way under contract law that would permit you to seek compensation.