QUESTION
Is there such verbiage or certain words that should be stated in this temporary will?
Asked on Dec 28th, 2015 on Child Custody - Pennsylvania
More details to this question:
I have been granted interim relief and primary residential custody of my son while my soon to be ex-husband is incarcerated. If anything should happen to me in the interim, can there be something notarized saying that my parents and/or brother would have custody of our son? The reason I ask is he could be held for up to 2 years and then has warrants to face in another state that could be another 2 years. We are working on getting full custody but I just don’t like leaving anything up to chance and my attorney is not very helpful in this matter or quick in responding to my questions or concerns.
1 ANSWER
3 Awards
You could talk to an estate planning attorney about a testamentary trust for child in a last will and testament. It would only be effective if you die. In it you would appoint a guardian (physical custody)of your son, and trustee (of the money) for your son, in the event of your demise. Whether this would trump the custody rights of a parent is doubtful, but if the husband is still in jail, it is at least something in place. As far as something informal, some do what you suggested, which is a notarized statement in which you authorize other people to have visitation, partial custody and custody of your child. If something happened to you, it is at least something, even though it would be considered hearsay, that speaks on your behalf if your family members ever has to battle his family members for custody.
Answered on Jan 18th, 2016 at 4:53 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900