Austin, TX asked in Family Law, Adoption, Child Custody and Child Support for Texas

Q: What would happen to my stepdaughter (6yo) in the event of her mother's death in Texas?

I have been married to my stepdaughter's mother for 5 years. My stepdaughter has lived with her mom, myself, and her younger half-sister (my bio-daughter) that entire time. Her bio dad lives 1300 miles away and sees her 2 times a year, however, he does facetime 3-4 times a week. My stepdaughter calls me daddy, her bio dad dada, and says she has two dads. I provide for her as I do my own child, and have done so since she was 13 months old. Would a Texas family law court take her away from me and her sister in the event of my wife's death? This is the only life she has ever know, and the only family she has lives here.

1 Lawyer Answer
Sharita Blacknall
Sharita Blacknall
  • Divorce Lawyer
  • Plano, TX
  • Licensed in Texas

A: There is a presumption that biological parents have a superior right to their children over anyone else. You would have to file for custody and show the court why it is in the best interest of the child that the court ignore that presumption in favor of you.

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