Legal Question in Family Law in Texas

Re: What will happen to my daughter/ custody

You could ask for your fiance to be named guardian, but that is something he could refuse after your dead and gone. And, guardianship does not trump parental rights of the father - even though it appears that he doesn't want her. Your plan has your daughter to be a likely orphan if anything should happen to you. Better re-think the plan or get with an attorney to get better information. Good Luck.

Re: What will happen to my daughter/ custody

You really need to speak with a good family law attorney. There are several different ways to try to achieve your goal of keeping your daughter with your soon to be husband and her brother if something should happen to you. While you are investigating your options, you may also want to consider formally establishing your son's paternity.

Re: What will happen to my daughter/ custody

If you want certainty, you and your fiance should marry and he should go through the adoption process. While adoption will end the child support obligation of your ex (which is probably why he is begging for you to go through it) it will permanently establish the family relationship with your fiance.

Guardianship is expensive. Your fiance may not qualify - he has to put up a bond. Several of your daughter's relatives (including her biological father) have a prior right to be declared her guardian before your fiance.

Without an adoption, after your death someone would have to file a Suit Affecting Parent Child Relationship to establish custody. There is no certainty who would win.

It seems that you need to weigh your concern over certainty of what might happen after your death with your desire that your daughter choose adoption when she is old enough.

Good luck!