Family Law - Terminally Ill Custodal Parent

[Terra Healer]

A close friend of our 16-year old daughter is currently living with her terminally ill father. He has been given 6 months to live. The girl is 15 years old, and will be a junior in high school. Her mother lives 3000 miles away, is remarried, has younger children with her second husband, and does not want the complications of a "mixed" family. The girl does not want to leave her high school, does not get along with her step-father, and has asked if she could live with us after her father passes away. We have been foster parents in the past and would gladly open our home to this girl, but we want to make sure that all the legal basis are covered. What issues need to be resolve before her father passes, how do we legally cover ourselves if she does live with us. We live in Texas, her mother lives on the East Coast.

 

[I AM ALWAYS LIABLE]

A close friend of our 16-year old daughter is currently living with her terminally ill father. He has been given 6 months to live. The girl is 15 years old, and will be a junior in high school. Her mother lives 3000 miles away, is remarried, has younger children with her second husband, and does not want the complications of a "mixed" family. The girl does not want to leave her high school, does not get along with her step-father, and has asked if she could live with us after her father passes away. We have been foster parents in the past and would gladly open our home to this girl, but we want to make sure that all the legal basis are covered. What issues need to be resolve before her father passes, how do we legally cover ourselves if she does live with us. We live in Texas, her mother lives on the East Coast.

My response:

Upon death of a Custodial Parent, custody of a minor automatically goes to the other biological parent. The only way for you to legally take this child is with the permission of the mother; e.g., by way of formalized custody Petition or through the adoption process.

If there is some way for you to "pre-arrange" this transfer of custody with the parents prior to the death of the custodial parent, I strongly suggest that you do. The court proceedings alone will take at least 6 months.

IAAL