Legal Question in Family Law in Georgia
Custody of an Adopted Minor in event of Mother's Death
My mother adopted an infant in 2003. He is biologically my mother's nephew. She adopted him along with her husband at the time. They later divorced. However, legally, because of the adoption, this man is the child's father. The question we are trying to get answered is: If my mother dies, and is survived my her ex-husband, does he automatically get full custody because he is legally the father? One lawyer advised my mother to indicate in her will that the child is to go her chosen daughter in the event of her death, and the ex-husband will continue with his current visitation schedule (every other weekend). Is this correct, all she has to do is indicate in her will?
1 Answer from Attorneys
Re: Custody of an Adopted Minor in event of Mother's Death
The adoptive father autom automatically gets custody. The will can't override that. There are still reasons to deal with guardianship (and probably a trustee) in a will.
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