Legal Question in Family Law in Colorado

Child Custody in Event of Death of Parent

Hello,

My 34 year old daughter has two children. She had both children out of wedlock. She has custody agreements and child support agreements for both children. She lives in a small Texas town where her son's father and all his family also live. Her son's father is very active and involved with both his son and his son's sister (not his child). The little girl has never known any other man as her father that her brother's father. The little girl's biological father has not interest in her.

The issue at hand is:

My daughter is very sick and is in real risk of dying soon. Everyone in Texas (and my wife and I in California) think that the best place for the little girl is in Texas with her brother, his father and the rest of the family there.

What can we do to insure that the little girl (my granddaughter) does not end up being removed from her Texas family and sent to her biological father in Colorado in the event her mother (my daughter) dies?

Thanks You.


Asked on 1/05/07, 5:01 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Custody in Event of Death of Parent

A will by your daughter appointing the father of her son as the guardian of her daughter will help. Unless the child is adopted by the father of her son there is nothing that can guarantee that she will be placed with this guy. Texas law will apply to this case. You should talk with a texas attorney about the situation. It may be possible to have this man appointed a the girls guardian.

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Answered on 1/10/07, 10:24 pm


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