legal guardian

[sarahabijo]

I have 2 daughters ages 14 and 12 yrs old. I am divorce from their father who have abducted them when they were ages 2 and 3 yrs old. Luckily, I got them back after few months and never heard a word from him.
Now my question, its been more than 10 years..We do not have any knowing where he might be..he does not pay any child support. I have the legal custody of my 2 children and he has only supervise visitation right. Which he never did visit even 1 time since I have recovered them.
Now..my question: Since I have the legal custody of my daughters in the event that something happen to me..As their biological father, and them being still minor age..will they ended up going to him...or my children will have the rights to decide who they want to take care of them? As a mother of the children, can I appoint anybody I want to be thier legal guardian incase?
Do I have to file paper in the court? Pls. let me know...thanks

 

[Proserpina]

You can assign a standby guardianship in case something happens to you but this doesn't prevent Dad from stepping in and trying to get the girls although in your situation I think the courts would in fact not only take the girls' wishes into consideration but actually go ahead and agree to place them with your choice of guardian (assuming the guardian is suitable).

It's never a bad idea to have something in place.

Now Texas doesn't actually address SBG in any statute so it may be better to just consult with a local attorney who can advise you the best way to do this - it shouldn't cost much at all.

 

[army judge]

In Texas, you can address the issue of contingent conservatorship in your will.

There are also other ways to accomplish this.

As has been advised, it is best to consult an attorney.

If you search the Internet, you will find advice about doing this yourself.

Legalzoom.com and other websites also offer do it yourself forms to start the process.

Finally, contact your local district court website or clerk , as many have templates available for pro se litigants.


Sent from my iPhone using Tapatalk

 

[lonelyinny]

dad has rights

I have 2 daughters ages 14 and 12 yrs old. I am divorce from their father who have abducted them when they were ages 2 and 3 yrs old. Luckily, I got them back after few months and never heard a word from him.
Now my question, its been more than 10 years..We do not have any knowing where he might be..he does not pay any child support. I have the legal custody of my 2 children and he has only supervise visitation right. Which he never did visit even 1 time since I have recovered them.
Now..my question: Since I have the legal custody of my daughters in the event that something happen to me..As their biological father, and them being still minor age..will they ended up going to him...or my children will have the rights to decide who they want to take care of them? As a mother of the children, can I appoint anybody I want to be thier legal guardian incase?
Do I have to file paper in the court? Pls. let me know...thanks

dad's rights to custody are greater then anyone elses. the kids go to him if something happens to you. and your kids dont decide whom to live with untill they are 18

 

[Proserpina]

dad's rights to custody are greater then anyone elses. the kids go to him if something happens to you. and your kids dont decide whom to live with untill they are 18

Seriously you need to stop this.

Did you even read the post?

Dad has had NO CONTACT for TEN YEARS. At their ages, their wishes WOULD be considered, and it's actually quite likely that the court will honor Mom's wishes.

 

[sarahabijo]

thank you Proserpina...I was kind a worried when I saw that reply...I really didn't want my children to ended up with him. Not only he abducted my children and my children are very close to my family and scared that if something happen to me that they will loose contact with the family that they know..with my children age, even though still a minor..I know that they can make their own decision but still wanting to make some steps and protect them incase... thanks again

 

[Proserpina]

thank you Proserpina...I was kind a worried when I saw that reply...I really didn't want my children to ended up with him. Not only he abducted my children and my children are very close to my family and scared that if something happen to me that they will loose contact with the family that they know..with my children age, even though still a minor..I know that they can make their own decision but still wanting to make some steps and protect them incase... thanks again

You're absolutely welcome - in your situation, I just cannot see going with Dad (after he's been absent for so long) as being in the best interests of the children. While the girls technically cannot choose, I strongly believe that their preference will be taken very seriously.

Let's hope it never comes to that though

 

[barbie77]

Also if you are that worried about what would happen to the girls if anything happened to you then you might also want to make sure you have maybe a term life ins. policy that would leave money to whomever you would want as the guardian just incase they would need any financial help in the event dad would fight for custody. Not just that but if dad wouldn't (which from the sounds of it he doesn't care one bit about what happens to them) fight for custody that money could be used for their care or possibly school education. It's just a thought. Good luck with everything!