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Asked almost 2 years ago - Jefferson, GA
FlagI have full custody of my daughter and her father has limited visitation rights. If I make a will designating someone other than her father to be her guardian in the case of my death will the courts go by my wishes or will she automatically go to her father no matter who I designate as her guardian? Thank you in advance for any input or information regarding my question.
You can designate a guardian of the person and guardian of the property. Your designation of guardian of the person can be challenged in court. However, in general, your guardian of the property designation will be honored. Of course, you can designate the same person as guardian of the person and guardian of the property.
These designations are important if you have property that will be poorly run by the surviving parent should he get custody after you die.
In Pennsylvania - the answer to your question is that the court always has the say in who will become guardian of a child. However since in your proposed situation she still has a biological parents, the court will certainly look at him to determine if placement with him as the biological parent is appropriate - you didn't indicate why he has limited custody? if it is for bad acts then placement with him would be questionable. If it is simply because of his schedule at work then this would not be as big of an impediament to the court allowing him to have the child full time, despite your indication otherwise in the will. Either way you are doing the best that you can, inPA, by stating in your will that you would choose to have your daughter placed with another should you die while she is a minor. You should speak with an attorney in your state to determine what is the best course of action for you there; and you should do it right away so that you protect your daughter as best you can. Good Luck.
I am Connie Merwine and practice estate planning in Northeast PA>
The first thing that strikes me is why does her daughter have "limited visitation rights". Most reasons for that are bad though it may be an agreed situation or matter of convenience. The first answer sets out clearly what is the case in most states and in your state in particular and you should call Ms. McGill for more excellent advice.
Or use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
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