How would I go about making my mother, who has lived with me and my children for the past 6 years, guardian of my children in the case that I die in my very dangerous line of work?

UPDATED: Sep 29, 2022

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How would I go about making my mother, who has lived with me and my children for the past 6 years, guardian of my children in the case that I die in my very dangerous line of work?

I have 2 children, 1 that is 6 and 1 that is 2. The father of my 6 year old was involved and paid child support at one point in time, he has not been involved for at least the past couple of years and is willing to sign his rights away, I just don’t think we have the grounds to stand on for a judge to agree. My youngest has never met his father and wouldn’t recognize him if he walked up and kissed him, neither father is on the birth certificates but the eldest’s father has proven paternity.

Asked on September 4, 2015 under Family Law, Texas


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

Answered 6 years ago | Contributor

Many judges do not allow people to present orders which terminate child support.  Other judges are not fond of terminating a father's rights unless there is another man ready to step in and be 'dad.' 
Another option could serve two problems.  Seek a modification to add your mom as a joint conservator with you and convert the dad's to possessory conservators.  In exchange for their agreements to go along with this plan, you can agree to reduce their support obligations for forgive certain amounts of back child support.  The offer is a win-win... they get a lower support obligation.  You get peace of mind know that if something happened to you, that conservatorship would automatically pass to your mother as the remaining managing conservator without any additional court action. 
You don't have to have an attorney to handle this modification.  But, it is helpful and should be a relatively easy quick turn.  The reason you want an attorney is to 'walk it through' without too much attention.  Pro se litigants tend to attrack a bit more attention than they realize.  The attorney can also make sure that copies of any orders reach the Texas AG... so that the child support arrangements are updated.  If this part is not handled correctly, then the dads will think you welched and may try to take you back to court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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