Legal Question in Family Law in Pennsylvania
Child custody/guardianship
Can I give custody of my 9 and 10 yr old sons to my 21 yr old son instead of my ex if I should die? Or, would my now husband be successful in keeping the younger boys? (Husband now is the only ''dad'' my boys have ever lived with.)
1 Answer from Attorneys
Re: Child custody/guardianship
You asked about custody on your death.
This is but one aspect of estate planning. Especially where there are children involved a parent needs to have an estate plan. This can include transfer of custody rights as well as taking care of the distribution of assets.
Without a proper estate plan then yes, the ex would have first claim to custody of the children and guardianship of the inherited assets of any inheritance.
One consideration may involve adoption or guardianship of the children. No matter what a full estate plan is a necessity to provide for the best interest of the children in your view.\
Regards,
Roger
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