who gets custody now?

[bunney76]

What is the name of your state? Texas
A friend and his ex-girlfriend do not have custody of their 13yr old son. Guardianship was awarded to the maternal grandfather about 5 yrs ago. Just in the last week the grandfather passed away. At this time the children are staying with diffrent family and friends including both parents. The father(my friend) lives in Missouri and the mother lives there in Texas. The grandfather did not want the mother to have custody but wanted the father to relocate to Texas in order to take care of the boy in the event of the grandfathers death. The boy wants to live with his father because he does not like the life style he has lived with his mother and step-father and wants to move to Missouri. My friend dosen't want to move back to Texas because he has 3 children in this area. His son has a younger half-sister who also lived with the grandfather. Can he just move his child up to missouri with or without the mothers approval or do they need to go to court to see who is awarded custody since neither of them of custody and right now seems they don't belong to anyone

 

[rmet4nzkx]

What is the name of your state? Texas
A friend and his ex-girlfriend do not have custody of their 13yr old son. Guardianship was awarded to the maternal grandfather about 5 yrs ago. Just in the last week the grandfather passed away. At this time the children are staying with diffrent family and friends including both parents. The father(my friend) lives in Missouri and the mother lives there in Texas. The grandfather did not want the mother to have custody but wanted the father to relocate to Texas in order to take care of the boy in the event of the grandfathers death. The boy wants to live with his father because he does not like the life style he has lived with his mother and step-father and wants to move to Missouri. My friend dosen't want to move back to Texas because he has 3 children in this area. His son has a younger half-sister who also lived with the grandfather. Can he just move his child up to missouri with or without the mothers approval or do they need to go to court to see who is awarded custody since neither of them of custody and right now seems they don't belong to anyone

Has paternity been established? Were there any custody, child support or visitation orders, if so what? Were either parent's rights terminated? Has "dad" filed for custody and permission to move the child to Missouri?

 

[ceara19]

What is the name of your state? Texas
A friend and his ex-girlfriend do not have custody of their 13yr old son. Guardianship was awarded to the maternal grandfather about 5 yrs ago. Just in the last week the grandfather passed away. At this time the children are staying with diffrent family and friends including both parents. The father(my friend) lives in Missouri and the mother lives there in Texas. The grandfather did not want the mother to have custody but wanted the father to relocate to Texas in order to take care of the boy in the event of the grandfathers death. The boy wants to live with his father because he does not like the life style he has lived with his mother and step-father and wants to move to Missouri. My friend dosen't want to move back to Texas because he has 3 children in this area. His son has a younger half-sister who also lived with the grandfather. Can he just move his child up to missouri with or without the mothers approval or do they need to go to court to see who is awarded custody since neither of them of custody and right now seems they don't belong to anyone

You need to answer rmet's questions before anyone can address your problem. I do know one thing though. Since grandpa is DEAD, he no longer gets to call the shots.