Legal Question in Family Law in Georgia
My brother and sister-in-law, recently had twins in Florida. My sister-in-law gave them up for adoption while my brother was gone with the military. My brother stated that when he tried to get them back, a DNA test proved they were not his. My sister-in-law moved back to Georgia and has continuously left my mother and myself to take care of my 2 year old niece. She has since confessed that the DNA test was a lie, to prevent us from taking on their responsibility. (para phrasing her own words) My sister-in-law and brother have since returned to Florida and left my niece with us, for about 2-3 months now. We are incredibly upset and want to find the twins. If possible, we want to take custody of them. At minimum, we would like to be able to see them and maintain contact. We also have no idea on where we stand legally with my niece. Do we have any grounds for finding my niece and nephew? If so what are the options? And finally what legal rights do we have for my niece?
1 Answer from Attorneys
If your brother and sister in law gave the twins up for adoption, the new family has all the rights as their parents. As far as the 2 years old, if you want to keep custody of her, hire an attorney and they will know the procedure to follow to get the proper court order for you to maintain custody of her and ask for child support to be paid to you by your brother & SIL. I would venture to say, (just by what you're saying) that your brother did in fact know of this adoption. There are so many things that must be done legally to notify an absent parent prior to their rights being terminated. I can't imagine that a serviceman wouldn't have been informed. Sounds fishy to me.