Legal Question in Family Law in Georgia

Child custody after death

My husbands ex wife past away recently. His step daughter is 16. He has raised and supported her since she was 3. The biological father never supported her and has had no contact with her.We do know how to contact him. The ex left no will. The stepdaughter wants to live with us. Evan after the divorce my husband financially supported her even though there was nothing in writing. The maternal grandmother insists she is giong to live with her. Does my husband have any legal rights to her? Since she is 16 can she choose where she wants to live? The maternal grandmother has alot of health problems. We love this child like our own. Also my husband and his ex had a child (11 years old) together who is now living with us.The stepdaughter does not want to be seperated from her brother or stepfather.Please tell me where to turn.Please give me some advice on where to start. Thank You!


Asked on 8/30/05, 10:12 am

2 Answers from Attorneys

Robert Windholz Robert S. Windholz, Attorney At Law

Re: Child custody after death

If you can't get any agreement with the interested persons, I'd consider filing a petition in Juvenile Court.

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Answered on 8/30/05, 10:29 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Child custody after death

Your husband sounds like a very good candidate for adopting the child. Consult with a local attorney.

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Answered on 8/31/05, 3:39 pm


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