can i ensure my child goes to someone not blood related upon my death

UPDATED: Sep 30, 2022

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can i ensure my child goes to someone not blood related upon my death

Can i put in a will, my wishes in regards to my child/children if anything unexpected happens before they are of legal age to act for themselves? There are already custody assignments in play regarding the one in particular I’m worried about. His father has limited rights unless otherwise agreed upon by both he and I. I do not want my child to be raised by my family, his father’s family or anybody related to either his father or myself if anything happens to me. How can i do this legally

Asked on June 15, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A will can only express a preference, but it cannot override an order.  Generally, in Texas, when one parent dies, conservatorship automatically falls to the other parent.  However, this is not absolute if their is an order contrary. 
If you want to guarantee that a child will not be raised by the unfit parent, then you need to get the order amended now, not later.  If the other parent will agree to allow the legal guardian to be added to the order as a co-conservator, then it's a fairly easy process.  If they will not consent, then you may actually have to wait until something happens.  The person that you want to be their guardian needs to be actively involved in the child's life so that they have standing to sue for custody in the event something should happen to you. 

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