<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by goodmom:
All parties involved live in PA. I had a baby eight months ago with a married man. We went to domestic relations and established paternity and child support. At the conference the father told me he would pay the support but he never has any intentions of being involved with our son. he does pay his support and he is not involved with our son. I think one day far down the raod he may want to see his son but honestly not for years. his wife just gave birth to their first child. I understand that legally neither one of us has custody of our son. Does this mean he can just "take" him some day? Should i file for custody? If I want to establish a will leaving the care of my son to my sister, do i have to have full legal custody? Will i need a lawyer to file ? I would really appreciate any advice.
[This message has been edited by goodmom (edited August 29, 2000).]<HR></BLOCKQUOTE>
My response:
If you were to die, while your child is a minor, you could not "divest" the court of jurisdiction of your child by specifying in a Will whom should take custody of your child. Such a clause in a Will is unenforceable.
Upon your death, the other parent automatically obtains all rights to, and custody of, the child.
That's it. Period.
IAAL
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