Legal Question in Family Law in Pennsylvania
Guardianship of child of divorce
My husband and I are divorced, and he has not seen or communicated with our daughter in almost three years, since she was 2 months old. I have been thinking of making out a Last Will and Testament, but will my wishes of guardianship be honored or can custody be awarded to her father if he should for some reason show an interest?
1 Answer from Attorneys
Re: Guardianship of child of divorce
As the father of the child, your ex-husband would always have standing to raise an issue of custody of the child unless his parental rights had been terminated. Whether he would be able to prevail is another question.
In general, directions in a will regarding guardianship do not have the force of law - it is always up to the courts to approve the guardian you nominate and that nomination is always subject to challenge. The fact that the vast majority of guardianship appointments are honored does not change this.
Ilene Young, Esquire/ Civil & Family Practice/215-444-0445
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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