Custodial parent has died.How do I get sole custody of my child. The Step parent has filed for custody.
You must first have some form of custodial rights. Have your parental rights been terminated or is there reason for the Court to refuse to leave the child with you? If not, you may always apply for a modification of the custody arrangement. You will have to prove to the Court that you are the best option for the child.
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As others have said you need an attorney. The court is always going to rule based on what is in your child's best interest. The judge will want to know why you haven't seen your child in four years. The court will want to know why it will be best to remove your child from the home he/she has been living in for these years. You have an uphill battle but you need to fight it. You should at least try to get visitation.
In Texas Best Interest of the Child prevails. You need a good lawyer with knowledge of the law.
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