Legal Question in Family Law in Pennsylvania
Husband's Ex Seeking Full Custody
My husband's ex is seeking full custody of their 7 year old daughter. His ex has informed my husband that she is making a will indicating that if anything happens to her she wants my husband's brother and his wife to take their daughter, not my husband. Can his ex do this legally?
1 Answer from Attorneys
Re: Husband's Ex Seeking Full Custody
Generally, a person can indicate who they want to be the guardian of a minot child in the event of death. However it is not binding on the court and certainly can be challenged. As the natural parent of the child your husband would be the natural person to be the guardian or awarded custody of the child in the event of death of the mother. It is unlikely that the other persons would be awarded guardianship or control over the child instead of your husband. However if there are other factors or information about your husband that would create a danger to or not be in the best interest of the child as regards your husband the court could decide otherwise.