Texas, fathers rights after mother dies

This is a discussion on Texas, fathers rights after mother dies within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; my Question is my daughter ,who is 11, mother passed away yesterday & we had joint managing conservatorship what do ...

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Old May 6th, 2010, 10:33 AM   #1
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Default Texas, fathers rights after mother dies

my Question is my daughter ,who is 11, mother passed away yesterday & we had joint managing conservatorship what do i have to do to get my daughter? the way I understand the law in Tx is that I automatically get custody. the Aunt is saying that she is going to raise my daughter.what are my legal rights in TX & can i go pick her up or will there be some kind of legal stuff have to be done? thanks any help would be greatly apperciated!!
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Old May 6th, 2010, 08:29 PM   #2
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Default re: Texas, fathers rights after mother dies

I wish to inform you that the custody of the child goes to his or her parents. In your case, you can have the custody of your child after the death of the mother of the child. In this, if aunt also wants to have the custody of child and if she goes to court then you can show that it is in the best interest of child that the child comes to her father. Further, you can argue that you can secure the interest of the child better than the aunt. If you like, you can file for amendment of child custody order in court and can have sole custody order of your daughter.

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Old May 6th, 2010, 11:02 PM   #3
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Default re: Texas, fathers rights after mother dies

The aunt is sadly mistaken. You are her sole legal guardian now. If you must, take your court order with you and have the police escort you to the aunt's property and retrieve your daughter.
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Old May 8th, 2010, 02:50 AM   #4
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Default Re: Texas, fathers rights after mother dies

I now have my daughter but found out her mother wrote a hand written will & had it notarized before she passed saying she wanted my daughter to live with her sister.(which is my daughters aunt) Just wandering if the will would hold up in court? Can you really will a human life? Or is a will for material possessions only? thanks again for any help.
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Old May 8th, 2010, 10:37 AM   #5
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Default Re: Texas, fathers rights after mother dies

As long as their is another legal parent alive, the will is not enforceable in court.

The aunt will not prevail in this matter. The child is yours. You are the child's legal father, and no judge is going to separate a child from its natural, biological parent when the child has already lost one to death.

Just because a will states what a decedent desires doesn't make it enforceable. Dead people don't have to continue to live in the real world where humans are left behind to keep on living.
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Old May 12th, 2010, 02:12 PM   #6
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Default Re: Texas, fathers rights after mother dies

If you need proper representation, Jamie Graham can explain everything you need to know about Father's rights.

www.jamiegrahamlaw.com

Divorce Attorney
Fathers rights Attorney
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