Legal Question in Family Law in Texas

Who will get custody of my son if I die?

I have custody of my youngest son who is 2 years old. His father has ''standard visitation rights'' due to the establishment of paternity and child support enforcement, but does not ever use his ''standard visitation''. He does not call, write or visit. If I were to die, would my son go to him (a total stranger)? Or can I designate my mother to be his guardian?


Asked on 5/23/02, 2:05 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Who will get custody of my son if I die?

The father has parental rights which would allow him to seek custody again if you should die. Is he paying child support? If not and it's not important to you, and he is not exercising his visitation, then you could seek to terminate his parental rights. If he is paying child support and not exercising his visitation, then he could show up this weekend and rightfully demand his visitation.

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Answered on 5/23/02, 2:23 pm


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