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Child Custody after death of custodial parent

On Lawyer & Legal » Family Law

1,785 words with 1 Comments; publish: Fri, 10 Nov 2000 21:31:00 GMT; (80078.13, « »)

My daughter is the custodial parent of my granddaughter. The granddaughter is 8 yrs old. The custody order was in North Carolina. Both are living in Texas. My daughter has remarried. The father of my granddaughter lives in NC. He has also remarried and has two children by his current wife. The other day my granddaughter asked her mother (my daughter) what would happen to her if she (my daughter) died. She (my grand daughter) said she did not want to live with her step-father or her biological father. She said she wanted to live with her grandmother and me. What steps would need to be pursued in order to make this happen?

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    • quote:
      === Original Words ===

      swagman2:

      [b]My daughter is the custodial parent of my granddaughter. The granddaughter is 8 yrs old. The custody order was in North Carolina. Both are living in Texas. My daughter has remarried. The father of my granddaughter lives in NC. He has also remarried and has two children by his current wife. The other day my granddaughter asked her mother (my daughter) what would happen to her if she (my daughter) died. She (my grand daughter) said she did not want to live with her step-father or her biological father. She said she wanted to live with her grandmother and me. What steps would need to be pursued in order to make this happen? [/b]


      Ok,

      IAAL explained all this to me just last week. I also live in TX and was mislead by an attorney about 5yrs ago stating that i could specify that my mother get custodyof my children in the event of my death. That was wrong.

      The only way that she would be able to give you guardianship is if the bio father consents to this.

      You cannot take a Bio parents rights away from them.. and obviously this would be the case..

      #1; Fri, 10 Nov 2000 21:38:00 GMT