Legal Question in Family Law in Georgia

custody after death of custodial parent

the mother of my step grandson recently died. His father and my dauhter want to have the child live with them and their two other children. the child, his father and stepmother are and have always been close. the family of the deceased parent wants custody of the child. he currently lives with the sister of the deceased parent. the childs father wants to take the boy to live in his home on Dec 1,2005. what are the fathers rights? does he have to apply for custody through the courts?


Asked on 11/12/05, 9:47 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: custody after death of custodial parent

This question is important and sounds worthy of an answer, and since none seems to have been given as of yet, I will. See the following link for a good discussion of the law on this: http://www.lawskills.com/case/ga/id/46145/. Although it is a 22 year-old case, the statutes OCGA 19-9-2 and 19-7-1 remain on point, as is the case's discussion of the considerations. But the bottom line here is one that should be dictated by common sense; that is, unless the surviving parent is a bad person, that is where the child belongs when the other parent dies. To advise further, I would need to know more details of the divorce. Feel free to contact me for further consultation if a problem is anticipated. E-mail is preferred.

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Answered on 11/15/05, 6:34 pm


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