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Asked 2/20/2012

Can a step-parent gain custody after deal of parent?

I live in Texas. Can a step-parent gain custody of a child after the death of a parent? The mother (non-custodial parent) is indigent and has not worked in over 5 years. She has been forcefully evicted from 4 homes in less than 2 years. After my husband's accident, we both become very concerned. The joint conservatorship has been modified from a 50/50 arangement to a standard visitation, with my husband becoming the primary. She does not pay child support and has racked up over $5000 in medical payments to us. Yes, that is 50% of what we have paid for her taking the child to the ER multiple times for a cough; she is a known drug addict (drug of choice is vicadin). Is there anything we can do to make sure the child is cared for?

 
 
 
 
 
Answers

Answer 1/3 - Submitted 2/23/2012

They can if they can prove that they had the child for the whole time and the child wouldnt benifit from being with the other party. Judges dont want to make a adjustment to a situation unless its necessary. Their focuse is the child and whats right for them not whats right for us.

 
 

Answer 2/3 - Submitted 2/23/2012

You are concerned your husband may die and then the child will have to stay with the drug addict mother.

Now is the time to go into court and lay out the situation so that some court order can issue that will resolve your fears and anxieties.

Everyone in authority is always concerned about the welfare of a child and never would want a drug addict put in charge.

Put some faith in the legal system. Family planning lawyers and judges like to try to take care of situations like this.

 
 

Answer 3/3 - Submitted 2/24/2012

We have started a search for a family lawyer to help us put something in place. Thank you for your help!

 
 
 
 
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