Legal Question in Family Law in Texas

Will set up to ensure dead beat dad doesn't get custody

I have a 10 year old daughter. Her father has been in and out of her life - mostly out. I have had some serious medical issues over the past year, and want to set my will up. My sister and her husband want to be guardians of my daughter, and that is what she and I want also, just in case something should happen. Right now in our Decree it states that he only has supervised visitation, and he has not exercised them at all. I have let him see her on the side, but it is only about once a year or so. Can I put it in my will, or what do I need to do to make sure that the custdy stays the same as it is now, and that she doesn't have to go live with him, if something happens to me.


Asked on 8/04/06, 6:59 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Will set up to ensure dead beat dad doesn't get custody

If you die, and he still retains parental rights, then he will have a claim to conservatorship.

You are right to make a will, and set your relatives up as the guardians. They will then have the legal right to contest his claim to conservatorship.

You can go a step further, and during your lifetime file for a modification of the custody. You will have to give him notice. You will ask the court to name your relatives as joint primary conservators with you, and reiterate the dad's lack of involvement in the child's life. There are stratetic questions to consider here however, and you should consult directly with an attorney. Good luck. TCL

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Answered on 8/05/06, 7:36 am


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