Legal Question in Family Law in Georgia

Stepmother Gaurdianship

Can I get gaurdianship of my stepson of 8 years? My husband has joint custody with the mother but the primarly residence is with us. The problem is that over the last 2 years, the mother does not call or see my stepson but maybe once a month, sometimes longer. She avoids our calls and sometimes don't even return the ones my stepson leaves. She does not pay child support (which is our fault) because we had agreed to that so she would let him come live with us. I already do everything for him, from medical to school. What if my husband was away and something happened, where would I stand? I feel I do more than both bilogocial parents, do I have any rights? She won't even give us an emergency number.


Asked on 4/16/02, 12:37 pm

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

Re: Stepmother Gaurdianship

As things stand, you have no rights toward this child. Unless and until the mother's parental rights are terminated, such as by adoption, she maintains her position as the child's mother. You should contact a local family law attorney. Call around; many offer free initial consultations.

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Answered on 4/16/02, 2:37 pm
Eric Ballinger Ballinger & Associates

Re: Stepmother Gaurdianship

Yes, you would need to apply with the probate court. You will need the consent of the mother for this guardain ship. I would appraoch ist with a great deal of care. These situations can become volitile. Remind her that she has the power to revoke guardianship.

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Answered on 4/17/02, 10:37 pm


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