Custody of Child if I Should Pass Away

Ariel - posted on 06/24/2015 ( 4 moms have responded )




My son is about to be 4, and I am engaged to a man who is not my sons father. He has been supporting my son and I since my son was 2 years old. His biological dad was just release from prison in March of 2015 and was incarcerated for a year and a half prior. He did not make an attempt to be present for my son from July 2011 to August 2013 when he went to prison with the exception of a handful of visits at the grandparents home. Never helped financially and child support was not able to serve court order because his whereabouts were unknown until he became incarcerated and they were able to serve him. He is now out of jail, has another child, lives with that child's mother in her parents house and pays child support. However, he still does not make it a priority to be there for his son with the exception of buying him toys and delivering them to his mother to give to my son. Didn't call and ask for him on Father's Day or just call to talk to my son. I asked him why he didn't and he said, "No reason, I had to work a double." I'm almost positive this absence will continue. I could be wrong. But I would like to know the chances of having his rights relinquished based on his criminal history and current situation? Keep in mind my fiancé once we are married would like to adopt him. My sons biological father was in prison for Burglary habitation, criminal mischief and does have a dropped charge of aggravated assault on the current GF. She dropped it and is still with him. He has supervised visits with my sons grandparents as supervisors. I would also like to know the chances my soon to be husband would have to become legal guardian if stated in my will and if I passed away? He will be the executor of my will and any money I leave for my son, my fiancé will be in charge of that money until my son is of age. Anyone know how this would work? We are in Texas. Thanks!


Raye - posted on 06/25/2015




I didn't read the webpage provided by Duse, but generally she is correct. The father would have to either surrender his rights to allow the adoption, or be found unfit. Previous convictions that aren't directly related to his treatment of the child are not always considered in custody cases. The assault on his GF may have been given more consideration, but he was not convicted of anything since she dropped it, and so it won't be admissible. If he doesn't allow the adoption, and is not found unfit, then I think the best you can do is stipulate in your will that you want custody to go to your husband and not to the father. The court would consider your wishes, but may or may not rule in favor of your will. You should get a lawyer to help you.


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Duse1 - posted on 06/24/2015




I looked up adoption for Stepparents and how easy it is. it seems easier for them then other adoptions.. but if your EX boyfriend is paying child support then he will have to be proven unfit, this could take time and money. They also suggested the same thing I did.. Asking the birth father for permission in adopting out his son. Even if he did a crime you have to prove him unfit. Unless it was a crime towards a child, Here is the sight.
is it possible this man is trying to redeem himself.. if he is at least working and trying to pay child support and pay for his other child and GF.. then he looks different in the eyes of the law, but yes he does have to show he has changed too... here is what I looked up, concerning Texas Law

Dove - posted on 06/24/2015




You have to talk to a lawyer. I know this was one of my brother's biggest fears when his wife was going through a cancer scare. Even though my nephew was a teenager at the time and had not seen his biofather since he was 8... if my SIL had died my nephew would have had to go and live w/ his biofather as my brother had no legal rights to his stepson.

Michelle - posted on 06/24/2015




You really would be better off consulting a lawyer. They will know the best way to go about things.

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