What would happen??

[txrose1998]

What is the name of your state? Tx

I have a question. Currently, my ex-husband does not have access rights to our child per order of the court. If something, god forbid, were to happen to me, what would happen to my child? I would like her to go to my mother and stepfather because she has a strong relationship with them and she spends a lot of time with them. Would her father get her in that situation even though he has no access rights?

 

[Just Blue]

What is the name of your state? Tx

I have a question. Currently, my ex-husband does not have access rights to our child per order of the court. If something, god forbid, were to happen to me, what would happen to my child? I would like her to go to my mother and stepfather because she has a strong relationship with them and she spends a lot of time with them. Would her father get her in that situation even though he has no access rights?

Why does he have no rights?

 

[txrose1998]

he does not have access rights due to abandonment...

 

[Just Blue]

he does not have access rights due to abandonment...

So he just has no visitation or any kind of custody...but his parental rights are still intact?

In that case he most likely would be "first in line" for custody if something were to happen to you.

Consult with a lawyer to find out your options in your situation.

 

[txrose1998]

Yes, according to the documents from court....he still has legal rights, but no access rights....

DO you know what options there may be?

 

[free_spirit_etc]

Your Will should state what you want to happen in the event of your death. You may want to name you mother and step-father as guardians of your child in your Will. You can also direct your executor to fight all attempt of your ex to get custody.

Keep in mind - your Will does not direct what WILL happen - but does show what your intentions are - and provides a venue for your intentions to be considered.

You can also direct that someone besides your ex be the guardian of your daughter's Estate funds - especially if you think that the reciept of any funds might motivate your ex to become interested in trying to obtain custody of your daughter.

If your ex does not have parental rights now - that will not garantee he will not obtain custody (as many courts still lean toward the natural parents) - but it should be a factor that will come into play in the decision.

Does Texas have "stand-by" adoptions? (Adoptions that are planned in advance where the stand-by adoptive parents become the adoptive parents upon the death of the natural parent). If so - that is another option you might want to check into.

Free

What is the name of your state? Tx

I have a question. Currently, my ex-husband does not have access rights to our child per order of the court. If something, god forbid, were to happen to me, what would happen to my child? I would like her to go to my mother and stepfather because she has a strong relationship with them and she spends a lot of time with them. Would her father get her in that situation even though he has no access rights?

 

[txrose1998]

Well, he does have parental rights, just does not have access rights......I am guessing because of that stand-by adoptions would not be an option??

Money could end up being a factor here in making him interested.....would he have to right to get to that, if by some chance he got custody?

 

[LdiJ]

Well, he does have parental rights, just does not have access rights......I am guessing because of that stand-by adoptions would not be an option??

Money could end up being a factor here in making him interested.....would he have to right to get to that, if by some chance he got custody?

If you don't set things up properly, then yes, he could. However if you set it up so that someone else is the guardian or trustee of any financial assets that you leave to the child, then no, even if he got custody, he would not be able to access the money/assets.

 

[Silverplum]

If you don't set things up properly, then yes, he could. However if you set it up so that someone else is the guardian or trustee of any financial assets that you leave to the child, then no, even if he got custody, he would not be able to access the money/assets.

So he doesn't get any financial help raising the child??

 

[txrose1998]

Well, I do not think she should have access to these funds.....they are trust funds set up for her education, ect......they are currently set up for her to have access to them when she turns 18

 

[free_spirit_etc]

I am not certain about the stand by adoption laws in Texas. But it is something that you might want to check out. If he has abandoned your daughter, then you may be able to get a stand by adoption granted. Most states have guidelines for terminating parental rights in an adoption if the parent does not voluntarily give consent.

And actually, is their a possibility that he might give consent?

Again, you will need to check out the Texas adoption laws and seek the advise of an attorney before counting on this.

As far as the money your daughter will recieve - this is an area where you CAN set it up to effectively block his access to her funds. Sometimes if the money and child don't come together as a package - the motivation to fight for custody greatly decreases. I would imagine the chances of that occuring would be great for someone who has abandoned their child. So planning in this area should help considerably.

Also keep in mind that in the event of your daughter and you BOTH dying - your ex would actually be your daughter's next of kin. So you might want to consider structuring the money situation in a way that your ex would not benefit financially in that situation.

Free

Well, he does have parental rights, just does not have access rights......I am guessing because of that stand-by adoptions would not be an option??

Money could end up being a factor here in making him interested.....would he have to right to get to that, if by some chance he got custody?

 

[milspecgirl]

is there a chance her father will sign papers that allow your mom to have guardianship in event of your demise. also, you can name a separate trustee for the estate of the child. the money would be disbursed by the trustee at their discretion. meaning, they could give the guardian x amt/mo like a cs type of thing or make the guardian ask for money when they needed something (camp, a car, etc). This means the child would have access to the money but at the discretion of someone the mother trusts to spend it the way she would want it spent

 

[LdiJ]

So he doesn't get any financial help raising the child??

He would get social security survivor's benefits for the children, and the trustee could have guidelines under which money could be provided to the father for the benefit of the kids.

 

[txrose1998]

If the guardian asked for money from the trustee, would the guardian have to prove how it was spent??

 

[GrowUp!]

Your Will should state what you want to happen in the event of your death. You may want to name you mother and step-father as guardians of your child in your Will. You can also direct your executor to fight all attempt of your ex to get custody.

Hey clueless spirit...you can not will out children. They are not property. Update your calendar...slavery was abolished how long ago?? Ever hear of the US Constitution??

If your ex does not have parental rights now - that will not garantee he will not obtain custody (as many courts still lean toward the natural parents) - but it should be a factor that will come into play in the decision.

You need to clean your glasses or wipe your eyes because they clearly have crap all over them. The other parent's rights were NOT terminated, Beavis.