Legal Question in Family Law in Texas

My sister is having baby in march of 2010. he ex fiance is the father. She left him due to physical abuse a few weeks before finding out she was pregant. since then he has started a relationship with our cousin and broke up their marriage and has constantly harassing my sister. he has told her that he wants nothing to with her or the child. but he isnt all together. he has threated to take the baby too at times. she is extremely concerned out what he will do. he has falsely accused her of theft of her engagment ring and other household things from their house that she paid for. the police have proven his charges to be false. he has even been let go from the volnteer fire dept. she is wanting to make me and my fiancee responsible for the baby if anything were to happen to her but we dont know how to do that. any help would be greatly appreciated.

Asked on 12/23/09, 6:20 pm

Keith Engelke Law Office of S. Keith Engelke

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The first problem is that dad could step in to take child if mom is no longer able to care for the child.

To prevent this, sister needs to engage an attorney to terminate dad's parental rights.

Once dad no longer has parental rights, he cannot automatically step in as guardian of the children.

You sister can designate a guardian for the child in her will if she were to pass away.

Answered on 12/29/09, 6:55 pm

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