Legal Question in Family Law in Pennsylvania

Custody of minor child in case of Mom's death

I have a 15 year old daughter who I have physical custody of. Her biological father still has and I use the term ''joint'' custody of her with me very loosely. Problem is this, he has had little to nothing to do with her since she was 4 years old and hasn't seen or spoken to her in approximately 4 years now. My question is this, if something were to happen to me would she have to go live with her father or can I have a guardian named instead.

I have a 21 year old daughter, can I name her as guardian? My daughter has already expressed that if she is forced to go live with him she will NOT stay there. What are my options if any?

The father pays child support through a court order but other than that has not been a father figure to either girls.

Thank you in advance for any help you may offer in this matter.


Asked on 5/03/05, 1:33 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Custody of minor child in case of Mom's death

Without his parental rights being terminated the father of the child would have the best natural claim for custody of your daughter. Your oldest daughter could petition the court for custody and demonstrate that the best interests of your younger daughter would be served by granting her custody. It would seem that at her age(15) if she was adamantly opposed to living with her father the court would likely side with your eldsest daughter. The one item you can do now would be to ask the court to grant you full legal and physical custody which would signal to the court in any future action that there are good reasons not to grant custody to the father. I offer free consultations.

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Answered on 5/03/05, 2:00 pm


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