Custody of Child if I Should Pass Away

Ariel - posted on 06/24/2015 ( 2 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!


♫ Shawnn ♪♫♫ - posted on 06/24/2015




If he's paying support, you cannot claim abandonment.
Ask an attorney what your options are.

Duse1 - posted on 06/24/2015




You would have to check Texas Laws. I live in Ohio. I believe it would be a drawn out court fight unless the Ex would just sign his rights over.. or if he did not have the money to fight it in court.. the felonies probably will count against him, but he still has rights in Ohio.. I really would pray about this. I hope it all works out for you.. but most of all I hope you get to raise your child and never have to worry about this.. I understand your concern however.. I would seek advice from an attorney first,, BUT, Did you think of asking the Biological Dad to just sign him over but perhaps he could still have some visitations with supervision.. I don't know. I would go the easiest way that causes the less grief if you ask me.. Good Luck.. and God Bless.


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