Legal Question in Family Law in Georgia

Custody after death of parent

How do I go about getting custody of my 16 year old nephew? His mother (my sister) just passed away and she was not married to his father. The child wants to stay with me rather than his father, but I need to know the steps to take and if his father has any rights to him.


Asked on 4/08/05, 4:19 pm

2 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Custody after death of parent

You would need to petition the court for custody. It is normally fairly difficult for a non-parent to get custody over a parent without some good evidence that the parent is unfit.

The ultimate standard is the best interests of the child. So, if you can convince the court that giving you custody is what is best for the child, they might give you custody. I would strongly suggest retaining local counsel if you are serious about obtaining custody.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 4/11/05, 7:46 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Custody after death of parent

You need to file a petition for custody. This is not an easy process. You should consult with a local attorney. If your are in my area, please feel free to give me a call. I don't charge for phone consultations.

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Answered on 4/08/05, 5:07 pm


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