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Ray, Lawyer
Category: Legal
Satisfied Customers: 42879
Experience:  30 years in civil, probate, real estate, elder law
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If the guardian and biological parent of a child dies, and

Customer Question

If the guardian and biological parent of a child dies, and the court as issued a non-parent possessory conservitorship to a person who is not related to the child can the unrealted person gain custody over the childs stepparent.
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
Thanks for your question.They can try here.Certainly to me the father has a better shot in a normal situation.The judge here looks at both and decides the best interests of the child and who gets custody.But the court takes this case by case and hears from everybody to decide.The natural parent ehre probably has natural advantage unless there are issues with father.
Customer: replied 7 years ago.
In this particular case the child in question has never met the biological father and he is not in the picture. the non-parent possessory is the mothers ex-boyfriend who helped raise the child during the first 5 years of life. The Stepfather will be legally adopting the child after he and the mother are married. Would it be better for the mother to leave in her will that she wants the child to remain with the stepfather in the event of her passing?
Expert:  Ray replied 7 years ago.
Well he can't adopt until they terminate father's parental rights first.Once this is done then bio father here has no rights at all.Certainly a will here will give him a shot at guardianship in the mean time should she pass.

Edited by RayAnswers on 12/3/2009 at 5:43 PM EST
Customer: replied 7 years ago.
In this instance the person with the non-parent possessory is not the biological father. The mother of the child had a one night stand and the biological father is unknown. I know Texas law states that a child born to an unwed mother has no legal father. Therefore, I thought that the boyfriend would have no legal rights to the child being that he was never married to the mother and is not the bio father. He is seeking a non-parent possessory conservatorship. The mother is concerned about agreeing to it because she is worried that he would gain guardianship if she passes.
Expert:  Ray replied 7 years ago.
He only has potential rights here--he hasn't even been proved the father.If he egst possessory conservatorship it would give him better chance at contesting guardianship here.But all your wife can do really is a valid will .If she terminates and you step parent adopt then it would be moot issue here in Texas.

Edited by RayAnswers on 12/4/2009 at 8:42 PM EST