Results 1 to 6 of 6
  1. #1

    Default Does Surviving Parent Automatically Get Sole Custody Against Other Relatives

    My question involves a child custody case from the State of: PA
    I have one child. The child has been with me since birth. The father came in and out of my child's life over the past 11yrs. Even though there was a court order saying he could get my child everyother weekend. The child's father commited suicide. I want to know my legal standing as far as .... Do I automatically take over full guardianship of my child? The child's paternal grandparents are in the picture, I want to know my legal standing before an issue arrises. I will allow them to be a part of my child's life, just not everyother weekend as the custody arrangement was worded involving my child's father. I do not feel the paternal grandparents should just be able to pick up the agreement as if it was with them....
    I also have a question as to custody of my child if I should die.... Since I am the only surviving biological parent will my last will and testament be enough to decide where my child goes when/if I should die?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,282

    Default Re: Does Surviving Parent Automatically Get Sole Custody Including Other Relatives

    You are the child's only legal parent, with sole custody.

    However, PA is a grandparent-friendly state (one of the most, actually). If the grandparents have enjoyed an ongoing relationship with your son, they'd have a better-than-decent shot at getting court-ordered visitation if they file. They cannot simply take over Dad's visitation though - that's not transferrable. They'll have to take you to court themselves.

    If you were to die, what happens to your son would be somewhat up in the air. Your wishes would likely carry at least some weight in court, but he could also end up in the care of the State, or could end up being the subject of a custody battle.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3

    Default Re: Does Surviving Parent Automatically Get Sole Custody Including Other Relatives

    I was pretty sure as far as custody was concerned that was the answer....
    As far as to my death.... How can I ensure my child will be with who I prefer? Is there a legal way of taking care of this situation before or if it happens?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,282

    Default Re: Does Surviving Parent Automatically Get Sole Custody Including Other Relatives

    You can do what's called a "standby guardianship". While it is a legal document, it's not binding in court - you can't decide future custody like that and the court doesn't have to follow your wishes unfortunately. Your son's preference would likely be a factor too (assuming you're not going to leave us in the next few days or so!).

    Have a chat with a local attorney - they can give you an idea of how the courts tend to rule in your area. Some are more likely to follow a will/standby preference than others.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5

    Default Re: Does Surviving Parent Automatically Get Sole Custody Including Other Relatives

    Thanks so much for your answers! Wish there was more I could do! Kind of scary not knowing what could happen. I made an appt. with my attorney!

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    25,282

    Default Re: Does Surviving Parent Automatically Get Sole Custody Including Other Relatives

    That's the smart plan

    Good luck - let's hope this question never even becomes an issue!
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

    1. Sponsored Links
       

Similar Threads

  1. Sole Custody for Left Behind Parent After Child Abduction
    By Dauntless in forum Child Custody and Visitation
    Replies: 7
    Last Post: 08-25-2011, 12:46 AM
  2. Sole Custody and Safety in the Non-Custodial Parent's Home
    By DoughntKneadIt in forum Child Custody and Visitation
    Replies: 3
    Last Post: 04-05-2011, 04:59 PM
  3. Can a Parent with Sole Custody Get a Passport - Father is Incarcerated
    By larburton in forum Child Custody and Visitation
    Replies: 2
    Last Post: 03-09-2010, 08:28 PM
  4. God-mother needs to get custody - sole parent dying
    By journeywoman1010 in forum Child Custody and Visitation
    Replies: 1
    Last Post: 01-13-2006, 02:30 AM
  5. Surviving parent with joint custody - children in Zimbabwe
    By Osteve in forum Child Custody and Visitation
    Replies: 1
    Last Post: 06-06-2005, 11:15 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document