Hi everyone…
I’m dealing with a tough situation and could use some advice. My sister is terminally ill with cancer, and she has a 9-year-old daughter. She has informally asked me if I would be willing to fight for custody or partial custody of her daughter after she passes away.
If my sister includes a request for me to have custody of her daughter in her will, what are the chances that I would be granted custody or partial custody? The child’s father is active in her life, even though he doesn’t work and I have concerns about his reliability. I wouldn’t want to disrupt my niece’s life by taking her away from her father entirely, but I also want to understand my options.
Has anyone dealt with a similar situation or have any insights into how the courts in Texas handle these matters? Any advice on how to approach this or what factors the court might consider would be really helpful.
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I’m really sorry to hear about your sister’s situation. If your sister includes a custody request in her will, it can serve as a guiding document, but the court will ultimately make decisions based on what it believes is in the best interest of the child. In Texas, the court will consider various factors, including the child’s relationship with both parents and potential guardians, the stability and reliability of the environment you could provide, and the child’s overall well-being. While a will can express your sister’s wishes, the court will weigh the father’s role and ability to provide care, as well as any concerns about his reliability. It’s important to consult with a family law attorney in Texas to understand your legal options and to get advice tailored to your specific circumstances. They can help you navigate the legal process and advocate for what might be best for your niece, balancing her need for stability with your concerns and intentions.
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She has a father who is active in her life.
Consider what might happen if you seek custody. If you win, that’s great. But if you lose, he might limit your access to your niece and possibly the rest of your family.
If you do not pursue custody, it is likely you will still be a part of her life.
After her mom’s passing, the last thing your niece needs is a custody fight.
Tell your sister you’ll do everything you can to stay involved in her life and that you’ll ‘fight’ for that involvement. Hopefully, she won’t focus too much on you fighting for custody specifically.
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Have your sister create a trust with you as the trustee, where all her assets are placed into it. This way, you would manage the finances related to your niece, giving you a stronger position to claim custody and stay connected with her.
Your niece could also ask for you to become her custodian.