Legal Question in Family Law in Georgia

Custody of a child after the death of a parent

A friend of mine recently died from cancer and she left a 15 year old girl behind. The parents divorced a few years ago in Arizona. The mom received full custody of the two children and moved to Georgia with them. The dad moved to California. While the mom was ill last year, the son was sent to live with the dad in California.

The mom wrote in her will that she did not want her ex husband to get the girl or the boy although she sent the boy out to live with the dad before she wrotee the will.

She gave power of attorney to her aunt and uncle who live in Arizona.

The mom expressed to me and the Aunt and Uncle that she wished her daughter to live with me although it is not in the will. The girl is currently living with me and my wife, but it is tough enforcing anything when the girl knows she can go elsewhere.

What can happen? Who is in charge of where the girl lives? The uncle? Dad? Can we do something to adopt her and get full custody?

The aunt and uncle are in their late 60's and want the girls to stay with us. The dad is single trying to take of his son. He lives an unusual lifestyle.

My wife and I are married without children and seem to be able to offe the best environment. The girl is confused right now? Help!


Asked on 3/25/05, 2:27 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Custody of a child after the death of a parent

Generally, a parent has first rights to custody. However, in certain situations, in the best interest of the child, another family member can go through the courts to intercede. This is a pretty tricky legal process. If you would like to discuss further, please feel free to give me a call.

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Answered on 3/26/05, 4:57 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Custody of a child after the death of a parent

The father - under Georgia law - has legal custody and has nearly absolute decisionmaking power. He can, if he wants, allow you to be a guardian or adopt the child, but you can't do either without his consent.

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Answered on 3/25/05, 2:35 pm


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