Legal Question in Family Law in Pennsylvania
Guardianship/child
I recently got married to a man and he is not my daughter's biological father, nor does he wish to take the rights of her father, who is involved in her life. My question is, is there any way for him to retain any rights to her after my death? (I have cancer) He is worried that he will lose any rights to her, and her father won't allow him to see her. I thought naming him as her guardian would allow him rights, but I wanted to see if there was another route I should consider.
1 Answer from Attorneys
Re: Guardianship/child
Assuming that he's been involved in the child's life for at least 6 months he will have standing to petition the court for custody. That said no sense in planning a court battle just yet. My suggestion is for the 3 of you to get together and see if you can come up with a plan for custody should you die. Clearly the child's biological dad would have the right to primary physical custody. However, letting the child continue to have a relationship with her step dad would be in the best interest of the child.
By the way trying to give step dad guardianship just will not work for too many reasons to go into here.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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