In the event of my death...

[Marsbabi29]

What is the name of your state? Pennsylvania

My daughter is 2yrs old. Her father has never had anything to do with her, in fact I'm still battling to try and get him to pay child support. I'm only 21 years old and I still live with my mother. My mother puts more time and money into my daughters care than her father ever will. I want to know if there is a way to set it up that in the event something should happen to me that my mother would get custody?

 

[snostar]

Give her Power of Attorney........go to the Find Legal Forms link at the top of this page.

 

[Boxcarbill]

This question comes up several times each week. In a Last Will and Testament, one with minor children can state whom they prefer to be named guardian of their child just as they can name the guardian of the child's estate. Parents, however, are presumed under the law to be the natural guardian. Therefore, should the child's father survive you, he remains the guardian until there is a court order to the contrary. However, as a practical matter in all probability the father won't care who takes the child; so the responsibility of the child will be to your mother should she survive you. So you can have a will drawn stating your preference for the guardian of the child in the event of your death but just be aware that it is largely a ceremonial gesture to let others know what you think of the father.

 

[nextwife]

Snostar, FYI- a POA ceases to be valid upon the death of the person who granted it. One cannot act under a POA on behalf of a deceased person.

 

[snostar]

Thank you Nextwife, the title of the thread clarifies that - silly me. In her post she stated ,<Quote>in the event something should happen to me</Quote> So, I was thinking if she needed to be hospitalized for an extended period of time and was incapable of caring for the child a POA could be applicable in that situation. Please, correct be again if I am wrong

 

[Bay1954]

I would definitely put your wishes in a will. Additionally, PA does have a statute that should protect your mother's right of custody. I don't have the exact words but I believe that if a grandchild has resided with a grandparent for at least a year, that grandparent has the right to petition for custody. Your best bet is to visit a local atty and write out that will and double check my understanding of the statute.

 

[Bay1954]

I just had another thought. If the father of the child is not paying child support or is loathe to do so and if he truly has no interest in the child, you might be best off in asking him if he will voluntarily terminate his parental rights. He might be willing to do so. It is a legal route you would have to take now but it would sever his connections to the child should anything (perish the thought) happen to you. Again, good luck.