what if?? step parent question

[amyjrn]

What is the name of your state (only U.S. law)? tx

Maybe this is a crazy question. I am just looking forward to some input from all the smart cookies on here. My ex and I have joint managing conservators with myself as the primary custodian ( I make the decisions about where they live....it's in the papers.). Without to much family/divorce drama details I don't think my ex would even want the kids should something happen to me.(he has the I'm focused on my new family mind set going on) My current husband (step dad) is entirely more of a father to my kids than there biofather ever was. As their mother I KNOW that he would ensure their education and general success in life. He really is the person I would want to raise my children should something happen to me. And he has said that he would absolutely be willing do this to safeguard my children's future. He really does love them as his own. So lets just say I get hit by a truck tomorrow. Would any legal documentation placing the children with step dad carry much weight leagley? I can only imagine that bio-dad would likely seek custody of the kids in order to end the child support obligation. If that became the case I know step dad would wave child support in order to have them stay with him. If not and bio dad sJust curious on what happens in these situationued and won custody could step dad get any type of visitation? .

 

[cyjeff]

Children are not property. They cannot be willed to a third party in the event of your death.

If your husband wishes to be the children's legal father, you should consider him adopting them.

Otherwise, your ex would gain sole custody of the children. At that time, he would be under no obligation whatsoever to allow your current husband any visitation.

Your husband could try to sue for visitation, but that is a definite uphill battle.

 

[CJane]

You should speak to an attorney about setting up a stand by guardianship. While it's not binding upon the court, it does make your wishes known, and at least will ensure some continuity for the children at the beginning.

Dad can file to have that guardianship overturned, and at that point a decision would be made by the courts based on best interests.

If Dad is really disinterested and not just currently a little overly wrapped up in new family, he may NOT file to have it overturned. No one can predict that.

 

[dannyt]

no

What is the name of your state (only U.S. law)? tx

Maybe this is a crazy question. I am just looking forward to some input from all the smart cookies on here. My ex and I have joint managing conservators with myself as the primary custodian ( I make the decisions about where they live....it's in the papers.). Without to much family/divorce drama details I don't think my ex would even want the kids should something happen to me.(he has the I'm focused on my new family mind set going on) My current husband (step dad) is entirely more of a father to my kids than there biofather ever was. As their mother I KNOW that he would ensure their education and general success in life. He really is the person I would want to raise my children should something happen to me. And he has said that he would absolutely be willing do this to safeguard my children's future. He really does love them as his own. So lets just say I get hit by a truck tomorrow. Would any legal documentation placing the children with step dad carry much weight leagley? I can only imagine that bio-dad would likely seek custody of the kids in order to end the child support obligation. If that became the case I know step dad would wave child support in order to have them stay with him. If not and bio dad sJust curious on what happens in these situationued and won custody could step dad get any type of visitation? .

your husband is a legal stranger to your kids with no rights whatsoever. as for vistation, stepdad needs to make nice with dad if he wants to see the kids, dad( not bio dad, just plain dad, the only dad your kids have)would control who the kids have contact with.

 

[mistoffolees]

your husband is a legal stranger to your kids with no rights whatsoever. as for vistation, stepdad needs to make nice with dad if he wants to see the kids, dad( not bio dad, just plain dad, the only dad your kids have)would control who the kids have contact with.

Danny, please go back to whatever it is that you do when you're not here.

Texas DOES recognize the concept of a de facto parent.

Since OP says that ex wouldn't want the kids and OP can set up a standby guardianship, there is a very real chance that SD could gain custody by asserting de facto parenting rights.

OP needs to see an attorney to get a will in place and specify her choice of standby guardian.

 

[Nevergrowup]

your husband is a legal stranger to your kids with no rights whatsoever. as for vistation, stepdad needs to make nice with dad if he wants to see the kids, dad( not bio dad, just plain dad, the only dad your kids have)would control who the kids have contact with.

And just 603 more times of saying this gets DannyT senior status! Awesome!

 

[Silverplum]

And just 603 more times of saying this gets DannyT senior status! Awesome!

Sweet, fancy Moses. (/Seinfeld)

 

[mistoffolees]

And just 603 more times of saying this gets DannyT senior status! Awesome!

And he might even have one post with a unique, accurate contribution by then.

 

[Antigone*]

And he might even have one post with a unique, accurate contribution by then.

HAAAAAA ummmm NO.... Don't count on it

and a couple more for Proserpina

 

[Bruno]

Your husband faces a difficult case should he attempt to file a child-custody suit.

 

[randolph76]

Children are not property. They cannot be willed to a third party in the event of your death.

If your husband wishes to be the children's legal father, you should consider him adopting them.

Otherwise, your ex would gain sole custody of the children. At that time, he would be under no obligation whatsoever to allow your current husband any visitation.

Your husband could try to sue for visitation, but that is a definite uphill battle.

While children can't be willed it would seem from mistoffolees posting that Texas recognizes de facto parents. I wouldn't assume it would be easy (as custody cases seldom are) but definately in the realm of possibility.

 

[Proserpina]

What the holy sweet sausage is with people parroting?!

I mean REALLY?

Good grief I can't wait for Lent to be over!

(Thank you Tigi, btw )

 

[Antigone*]

What the holy sweet bangers is with people parroting?!

I mean REALLY?

Good grief I can't wait for Lent to be over!

(Thank you Tigi, btw )

LOL... I ate at an Irish pub for lunch, so I thought I'd change your post just a little

 

[mistoffolees]

While children can't be willed it would seem from mistoffolees posting that Texas recognizes de facto parents. I wouldn't assume it would be easy (as custody cases seldom are) but definately in the realm of possibility.

And YOUR contribution to the discussion is**************.???

 

[Humusluvr]

What the holy sweet sausage is with people parroting?! )

SQUAWKKKKKKKKKKKKK!!!!!!!!!!!!!!!!!!!!

**with a side of bacon**