Legal Question in Family Law in Georgia

who gets the child when parent dies?

my question is,I have a friend who's mother died and had no legal forms completed on who would get custody of child.Who does the child belong to?The oldest daughter(who has 2 other kids and is perfect)or to the man she married only 3 years before dying?Or does state come in and take child?


Asked on 10/20/01, 12:29 pm

1 Answer from Attorneys
Christopher Ballar Christopher A. Ballar PC

Re: who gets the child when parent dies?

If both biological parents are deceased then the probate court will determine who gets the guardianship over the child. Any interested party can petition the court and have a hearing. The judge will decide who gets guardianship over the child based on the best interest standard.

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Answered on 11/30/01, 1:34 pm


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