Child Custody After Death

Summary

A will cannot determine child custody in Texas. Courts prioritize the childs best interest and consider evidence of risk. Appointing a guardian in your will is advisable, but their fitness will be evaluated. An arrest for assault and family violence could impact the guardians suitability. Consult a local attorney for detailed advice.

Full Conversation

I am dying and I have a written will that my child does not go to her dad in the event I pass away he was manipulative and abusive in front of her how can I make sure she doesn't go to her dad when I pass
I'm very sorry to hear about your situation, ****. In order to guide you better, could you please provide me with your current location?
Cleveland tx
I'm sorry to hear about your situation, ****. In Texas:
- A will can't determine child custody.
- Courts prioritize the child's best interest.
- If the father poses a risk, it's essential to provide evidence.
- Consider appointing a guardian in your will.
Please consult with a local attorney for more detailed advice.
I placed an appointed guardian in my will he was arrested for assault and family violence is that enough evidence
In Texas, an arrest for assault and family violence could impact the guardian's fitness. Courts consider:
- The guardian's character.
- Their capacity to care for the child.
Consult a local attorney for detailed advice.