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  1. #1
    Join Date
    Jul 2010
    Posts
    2

    Default Father vs Stepfather Custody Battle, Mother is Decased

    My question involves a child custody case from the State of: Texas

    My Brother's wife just passed. The "suspected" bio-father has not been around in the entire 10 years of the child's life. He refused to pay child support, denied the child, is not on the birth certificate, and has no valid proof that he is the father of the child. The stepfather, my brother, has been in the child's life since the day he was born. The child is now ten years old. So here's the deal the bio-father found out that the mother passed and went to the grandmother's house and started asking to see the child. The grandmother said ok and let the child go with the bio-father. The child, the only one with some type of sense, called my brother to get out of going. The bio-father took the child and refuse to return him. My questions are...

    Until the Bio-father can prove he is the father isn't this kidnapping?

    Who has legal custody right now the Stepfather or grandmother?

    If or once the bio-father is proven to be the dad is there anything that my brother can do to keep the child?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,998

    Default Re: Texas ( Deceased Mother ) Father vs Stepfather Custody Battle

    If there is no legal father, the child becomes a ward of the State; this should have been dealt with upon the death of Mom.

    StepDad has no legal rights at the moment but as he's been the ONLY father-figure in the child's life, he may have standing as de facto parent to get custody.

    Your brother needs an attorney.

    Tomorrow morning. First thing. I wish him luck, and I'm sorry for the loss of Mom.


    I do have one question though.

    Why did grandmother say it was ok for kiddo to go with someone who is basically a virtual stranger to the child?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,141

    Default Re: Texas ( Deceased Mother ) Father vs Stepfather Custody Battle

    Your brother needs to petition for guardianship.

  4. #4
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Father vs Stepfather Custody Battle, Mother is Decased

    Thank you both. He called a lawyer today. I don't know what was actually said just yet. I will post the course of action as soon as I know something.

    Also, Dogmatique I can not explain why the grandmother let the child go in the first place. She said she called to ask my brother, but he was working and didn't answer.

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