Do I have to have sole conservatorship to be able to leave my daughter to my mother in my Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have to have sole conservatorship to be able to leave my daughter to my mother in my Will?

Her father is on the birth certificate but he does not pay child support and lives 5 hours away and only visits once every 3 months for 2 days. If the father and I could reach an agreement about her going to my grandmother if anything happens to me would we do that in a mediation or would we have to go to court?

Asked on September 11, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my understanding that the award of sole managing conservatorship (custody) in Texas allows you independdence to decide various issues regarding your child such as the residence of the child, the medical treatment, education, etc. It does not, however, mean that the legal rights of the other parent have been terminated.  And you can not "leave" your daughter to your Mother in a Will.  You can name a guardian but if the Father still has rights that will not necessarily have to hold up to a challenge.   If he agrees to same that is a different story but I would speak with an attorney about this and especially to prepared the paperwork.  And have him get an attorney too.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you pass before your daughter becomes an adult, most likely your daughter's father would have custody of her until she reaches the age of 18.

In your Will or trust agreement you can make a request that your mother be the guardian of your daughter should you pass before she reaches 18. However, if the father survives you in such a situation then most likely he will end up having custody. To circumvent such, you and your "ex" could have an agreement drawn up by a family law lawyer stating that if you pass when the child is a minor, then your mother becomes the guardian of the child.

Such can be drawn up and resolved outside of the court room. The court cannot force the agreement that you suggest with respect to your mother being the guardian.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption