Legal Question in Family Law in Pennsylvania
I have full legal and physical custody of my daughter. If I was to to die prematurely, would her father automatically received custody, or can I appoint my parents to have custody?
1 Answer from Attorneys
I recommend going to an attorney and having the attorney draft the will for you. In your will, you can appoint your parents as the guardian of your child. Its not a guarantee as if there is a dispute between your parents and the child's father, then the court will have to decide. I recommend that my clients keep a notarized statement with their will in which they more specifically articulate the reasons why the guardians should be appointed to have custody of the child rather than the biological parent.
Remember, once you are deceased, you cannot speak to the court. That is why if you have a statement, you will be able to overcome that burden and explain just why it is that you reached this decision.
Wills are not all that expensive, but since you have these issues, please go to an attorney and don't rely on a do-it-yourself will kit. The few dollars that you spend now may save your loved ones from a vicious court battle in the future should you use a do-it-yourself kit or make a holographic will and fail to properly plan.