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Solomon's Dilemmaby Rick AmrheinSingle parent homes are more common today. A question we hear frequently is, "who is responsible for a child should the custodial parent die?" Can the noncustodial parent walk in and take the child away from an extended family member? The answer may be yes. Barring an existing custody order, the surviving parent has the prima facie right to raise the child. Even the deceased custodial parent's probated will cannot deprive the surviving parent of such right. Court involvement may be needed to resolve the question. A grandparent who wants to maintain, or regain custody, must be ready to seek court intervention. Similarly a noncustodial parent who wants to obtain or maintain custody or visitation may need to petition a court. As in all custody matters, courts jealously guard the best interests of the child. Even the guardian named in the will of the custodial parent, where there is no competing parent, should consider having the Orphans' Court confirm the appointment of the guardian. School districts, medical insurance carriers and providers may require a court order. On the financial side, naming a person as guardian for particular assets under a will, or as a custodian under the Pennsylvania Uniform Transfers to Minors Act, is binding as to any assets or funds passing pursuant to the will. So while a deceased custodial parent may not be certain that the designation of a guardian in a will will be followed as to who will have custody of a child, one can be assured that the person named will have control over the financial resources. The decedent may rest in peace knowing that the other parent will not be financially motivated to gain custody and guardianship of a child but instead will ideally do so out of higher motivation. If you have a concern about extended custody and are an intact family with a mother and father, or a custodial parent, noncustodial parent, or the babysitting grandparents, do not hesitate to contact your attorney at Peacock Keller & Ecker, LLP. |
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