Legal Question in Wills and Trusts in Texas

Step-father's rights in the event of death of natural mother?

I wish to make a will in the coming months, to

prepare my family, in the event of my death. I

am not ill and do not forsee anything happening, but

you just never know. I have been divorced and am

now remarried. I have 2 children, ages 9 and 6 from

my previous marriage and one child, age 3 months,

from my current marriage. In the event of my

death, does my current husband have any custody rights

of his step-children? My former husband pays child

support very sporadically, has lost 3 jobs in 2 years and is very impatient and difficult on his children.

He is financially irresponsible, and does not see his children very often. Do I have any legal right to name my husband as legal guardian over my children if I were to die or would they automatically have to live with their father?


Asked on 1/11/01, 3:01 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

Re: Step-father's rights in the event of death of natural mother?

Please respond to me and let me know if I am getting your objectives correct. You are worried about your children's father winding up with your children in the event of your death, and you further want to ensure that your children wind up with your present husband. Although testamentary materials can give your husband some rights, I think the most effective way to accomplish your objectives would be for your present husband to adopt your children, and have their father reliquish parental rights, if he agreed to do so. This would cut off the father's future child support obligations and make your husband the children's father in the eyes of the law. Of course, I strongly recommend a will in either event.

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Answered on 1/28/01, 9:42 pm


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