Legal Question in Family Law in Georgia

My husband and I have had our granddaughter in our care since she was 8 mos old. She is now almost nine. We obtained temporary guardianship of her four rs ago. Our daughter agreed to sign adoption papers three yrs ago. Due to financial hardships we havent been able to pay the adoption fees and I am told that the area we live in doesnt have legal aide to assist with adoptions.NOW my daughter has become angry with us and is saying she wont sign adoption papers and I am afraid she is going to try to take the baby from us. How can I obtain legal permanent FULL custody of the baby and once that is done can I change her last name to mine and my husbands? The baby only knows us as her Mama and Daddy. She calls her biological Mom by her first name. She overheard a conversation regarding my daughter threatening to take her from us and became hysterical. The baby loves her but she doesnt like her. My daughter has NEVER spent time with the baby,NEVER contributed to her support,never been there when the baby was sick, nor shred her accomplishments,nor gave her moral support or ANYTHING of that nature. Even when she does come around she doesnt spend any time with the baby. Megan (the baby) is now 8 1/2 yrs old. She understands more than people would think she does. She does not want to live with my daughter, she doesnt even want her coming for a visit. Ive ALWAYS made excuses to Megan as to why my daughter gave her to us. I never spoke against my daughter. Honestly it wasnt because of her but because of the baby. Megans well being is our first and foremost concern. Shes our world and we have always been here for her. My daughter also has two other children. A 14 yr old boy that my sister adopted when he was 6 mos old ,and a 7 yr old boy that the Father has had since he was about 8 mos old. Its a pattern for her and she uses the two youngest as leverage to manipulate me and her sons Father to get what she wants. She moved to Atlanta and stayed three years there and didnt see either of the children but twice the whole time she was living in Atlanta. As I previously stated I cant afford the $1500 to $2500 and up for a legal adoption AND to have to fight her in court to get it done. As I said she told us she wanted us to adopt the baby but now years later we are estranged and shes trying to say she wont sign and will take the baby from us. This would DEVASTATE the baby as well as my husband and I. Shes a well adjusted settled healthy happy outgoing adorable little girl. Shes smart beautiful articulate and a joy to raise. Shes our world and I do not want her world turned up side down by a vindictive woman that has no concern for her other than a food stamp check and a higher return on her taxes. Please Please Please tell me that I can do something to prevent her from taking our baby and tell me how I can get full permanent custody of her and change her name to Our last name. My huband and I do not discuss this in front of her BUT my daughter and son discuss it quite freely in her presence. That being him talking to her on the speaker phone and not caring if Megan is near or not. ALSO my son has told her that her MAMA said its time to make some changes as soon as her "Mama" gets a place to live. Yeah shes living in a motel paid by the week and her and her boyfriend collects scrap metal here and there to pay their rent.Can we get custody of this baby. I dont want her raised by someone that is totally indifferent to her. Shes a wonderful awsum vibrant child and I wont see her hurt, Thank you. Tammy Lanier


Asked on 1/27/14, 7:22 am

2 Answers from Attorneys

Harold Holcombe Harold D. Holcombe, P.C.

This is a complicated case; call an attorney who will give a consultation for a small fee or for free. You've got a good case because you've had the baby a while, but she's also got rights as a parent. It's not open and shut.

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Answered on 1/27/14, 7:57 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

This is a complex case, and it was a bad idea to post your name and details on the internet where the other parties can read it, as you just did. Sadly, you missed a perfect chance to avoid this - an uncontested adoption would be FAR cheaper than a contested grandparent-parent custody case. See a lawyer, but expect to pay a lot more than you would have paid before with less assurance of the results. Good luck!

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Answered on 1/27/14, 4:12 pm


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