Legal Question in Family Law in Texas
my daughter just past away she has three kids her husband is disable he has cnjested heart failure he has a pace maker he is a dietbeted he is legaly blind how can i get custody
2 Answers from Attorneys
I am very sorry for your loss. You are a blessing to the children at this time.
First, get him to sign a Nonparent Relative Authorization Agreement. You can get the official form from this link. Please follow the instructions very carefully. If you follow the instructions properly, you will not need an attorney to get this part done. http://www.dfps.state.tx.us/documents/child_protection/2638.pdf
Next, have the children come live with you. Once the children have lived with you for 6 months, file a Suit Affecting The Parent-Child Relationship and ask that you and the father of the children be named as joint managing conservators of the children and that you be deisgnated as the conservator having the exclusive right to designate the primary residence of the children. At that point, you will basically be their legal parent in all but name.
Please contact a local family law attorney when it's time to file the lawsuit. It is complicated--even if he agrees to it.
I am a board certified specialist in family law practicing in the Houston area. What Mr. Daley has stated above is a very comprehensive explanation of what needs to be done, and I agree with everything that he has stated. If I can be of assistance or answer any questions for you, please feel free to contact me at 713-600-5500.
Related Questions & Answers
Can I fight for custody of my son when I have seizures? Asked 10/13/11, 12:17 pm in United States Texas Family Law, Divorce, Child Custody and Adoption