Legal Question in Family Law in Georgia

16 yr old placed with ex-stepmother by DFCS

My step son (from a previous marriage) was placed with me by DFCS after his father (who has permanent custody) was locked up for child abuse. An investigation has been launched by DFCS.

DFCS has written a letter stating that it is in the best interest for the child to remain with me.

The father had agreed (after the incident but before he knew he was going to be arrested) in front of the DFCS woman that he raised him for 16 years and I could raise him for the remaining two years. After he got out of jail he said once all of this is over and everything is okay he would give me full custody.

I'm trying to find out if there is anything we can do without him to give me custody. I would like to put him on my insurance at work but since I don't have custody I can't.

Any advise would be greatly appreciated.


Asked on 9/15/08, 4:41 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: 16 yr old placed with ex-stepmother by DFCS

Typically in situations like these, you can file a private action in family court seeking custody of the child that has been placed with you. Doing so will usually provide you with a longer-term solution than depending on placement through DSS/DFCS.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

Read more
Answered on 9/15/08, 10:47 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: 16 yr old placed with ex-stepmother by DFCS

If your goal is simply to get him on your insurance see if the father will let you have a temporary guardianship. This is an inexpensive way to allow you to get him on your insurance and for you to have some parental control. You do this through the probate court in the county where the child is located.

Read more
Answered on 9/16/08, 8:00 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Georgia