Legal Question in Family Law in Pennsylvania

You can have a Will drafted that includes a paragraph that notes that your husband is to have custody or visitation of your children. However, even with that in there, there is no guarantee that such a request will be granted. In the event of your death, the court will look at all of the facts and will make a determination as to what is in the best interest of the children and the court would then enter a custody order that meets the best interests of the children. Having such a clause in your Will could be one factor used to help determine the best interests, but that would only be one factor amongst many.