Legal Question in Family Law in Georgia

Child Custody should parents die

If my husband and I die at the same time and we do not have a will, will our children be placed in foster care or will they go to next of kin?


Asked on 3/08/06, 3:29 pm

3 Answers from Attorneys

Eric Ballinger Ballinger & Associates

Re: Child Custody should parents die

The children will be placed in the custody of the Department of Family and Children Services only if there no custodian available at the time. DFACS will attempt to place the children with realtives prior to placing them in foster care.

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Answered on 3/08/06, 4:11 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Child Custody should parents die

Your situation raises serious questions which can be avoided by having a will. You should consult with a local attorney about how to draft it in such a manner that the children go to whomever you choose.

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Answered on 3/08/06, 5:22 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Child Custody should parents die

You definitely need a will. In a will you can select a guardian. With no will, it's completely up to a Judge. You may want to go to www.glenashman.com and get a free worksheet, a first step if you plan to do a will.

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Answered on 3/08/06, 5:45 pm


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