Gardianship? Custody?

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fosterkk

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My girlfriend and I do not want to get married. We have signed(notorized) an affidavit for domestic partnership. I do not know if this matters but we are a man and woman domestic partner. Her son has lived with me for 3 years and she has lived with me for 2.5 years. He is 17 and loves living with me. He is doing odd jobs for the neighbors reguarly and has good friends and a girlfriend here. His dad lives 100 miles away and they only see eachother 3 to 4 times a year despite us going to the same town his dad lives in roughly everyother weekend, and of the 3 to 4 times a year we have furnished all the transportation except 1 time when his dad brought him home after the only overnight stay he has had.

My girlfriends health is starting to fail some, so it has brought up the question if something happened to her what can be done to allow her son to live with me until he is 18 and graduated high school. This is her and my wishes as well as her son's wishes.

So the questions are:
What do I need to do? Could a living will from his mom help? Should I try to gain custody? Guardianship? Conservatorship?

Any help will be appreciated.

Thanks
 
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Your domestic partnership filing is irrelevant.
To effect the DP, it needs to be filed with your county clerk.
But, it will accomplish NTHING, insofar as you becoming a legal guardian of the boy.

You could be married to her, and the marriage will give you no standing to become a legal guardian to her child, even if they lived with you before she delivered the child.

The law considers you a legal stranger.
You'll never become anything more (in the eyes of the law) to her child.

That said, I suggest you focus on helping your beloved as she struggles with her illness.
By the time you could adopt the lad, he'd have reached majority status anyway.
At age 18, the young man can live with whomever he desires.
From what you say, the lad's dad won't arrive the day after your beloved's funeral (assuming she'll not get better) and take the lad.

I understand why she'd concern herself with this, but tell her she has nothing to worry about.
She's going to recover soon.
But, she won't pass away before the lad becomes an adult in a few more months.
She needs to be here to see the kid graduate high school, college, get married, ave kids, and love her grands.

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Travis County (Austin is the county seat), has recognized these documents for 20 years.

http://www.traviscountyclerk.org/eclerk/Content.do?code=R.29


Texas' Attorney General, and next governor has issued as of now, an unchallenged AG opinion.
Domestic partnerships are unconstitutional in Texas.


http://www.dallasnews.com/news/poli...nt-give-benefits-to-domestic-partnerships.ece

https://www.texastribune.org/2013/04/29/ag-benefits-domestic-partners-violate-constitution/

http://thinkprogress.org/lgbt/2013/...l-domestic-partnerships-are-unconstitutional/
 
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Your notarized document is meaningless unless signed off by Judge. In addition as stated above you have no legal rights to child
 
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