Legal Question in Family Law in Texas
Will for a minor with child
I have a 16 year old daughter that was just told she has cancer . She is a mother of a 10 month old son. The bio- father has nothing to do with him and we were wonder if she can do a will that leaves her son in my custody. They live with me and I am the one that supports both of them. Is this possible ? Thank you very much.
3 Answers from Attorneys
Re: Will for a minor with child
Get to an attorney immediately. If your daughter were to die, then the father would have all of the rights of a parent, assuming that there is no current order to the contrary. Is there an order? Does he pay child support; if so, there is probably an order.
It might be possible to initiate an action to determine the rights of the child and have you appointed to be a conservator.
A will or other designation will not do it. Legal action should be started as soon as possible. The father will have to have notice of that action and, if he chooses, will be a participant in it.
Good luck.
Re: Will for a minor with child
I agree with Bob. You should go to court now and get some sort of binding, legal relationship with this child. It should be pretty smooth since your daughter is alive and able to testify to her desire.
If you live in the Houston area, please give me a call at 713-847-6000.
Re: Will for a minor with child
Three lawyers all agree. A will is not adequate and the need for speed is apparent. You could have an 18 year legal nightmare or a very smooth transition. If you are in Dallas/Fort Worth area feel free to call 817 821-0945 or 817 261-2671. I will be back in Texas the afternoon of Dec 13 if flights are not delayed.
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