What are an unmarriedmother’s rights regarding guardianship of her child in the event of her death?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are an unmarriedmother’s rights regarding guardianship of her child in the event of her death?
I’m pregnant and unmarried but have established paternity through a prenatal paternity test. I want to create a Will in case something was to happen to me. I want to include who my child is to go to if something wereto happen to me. Legally, does the father get rights to the child or can I appoint my parents as the baby’s legal guardians? Also, as far as last names for the baby, is there any law that I have to give the baby their father’s last name?
Asked on September 27, 2011 under Family Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have not ever been married to the father of the child then you are considered the child's legal guardian absent a court order. Now, if paternity has been established already I am assuming that you will be wishing to collect child support payments from the Father, correct? Then visitiation may also be established at that time. And if the Father chooses, maybe even custody (which is really likely at this point). You can appoint your parents as legal guardians but the Father can indeed contest the appointment and request guardianship in the event something happens to you. As for giving the baby his last name, probably not since you are not married but he may be able to contest that too. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.