Houston, TX asked in Family Law and Child Custody for Texas

Q: my step dad & his new wife were named as nonparent joint permanent managing conservators & he died does she get my kids

He's my step dad and it's his new wife but he died yesterday my mom has had my oldest daughter since September of 2022 because my step dad slapped her but my question is how do I go about my children being with my mom permanently where I originally asked for them to be

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: If your parental rights have not been terminated, you can file a suit affecting the parent-child relationship requesting a change of custody and possession based on your step dad’s recent death.

The outcome will depend on the facts and circumstances of your particular situation.

It would be much less expensive if you, your mom, and your step dad’s wife come to an agreement first.

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