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Submitted 210 days ago...

conn1166

conn1166

New User (2)

If my daughter passed away of cancer do i have rights to my grandchild?

My daughter recently passed away of cancer and my grandchild has lived with me and his mother so i could help her take care of him since she was too weak the father had visitation rights but with only my daughter having to be there but now that she has passed the father wants to try to come and take him from me and my daughter had a will drawn up saying that i have guardianship over my 3 yr old grandson so my question is can he get custody of my grandchild even if he don't have a steady place for his son. And my grandson has almost always lived with me and his mom.

 
 
 
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Answer 1 / 2

Submitted 210 days ago...

conn1166

conn1166

New User (2)

He is planning to just take my grandchild from me this weekend so in the state of texas can he legally just take him from me or does he have to go through the court and when he does take him from me will they get him for kidnapping?

 

Answer 2 / 2

Submitted 210 days ago...

Mtnrescue

Mtnrescue

Professor (1,517)

Well, the courts position is that the parents have the rights to the children. Courts want to have both the mother and father in a child's life and if one passes away, the other parent usually gets the child. That said, if you have guardenship of him, then you certainly havve a case to make and you may have recourse. You should definitely contact your local human services department and seek immediate assistance, especially if he's coming this weekend.

Sorry for your loss and I hope this works out for you.

 
 

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