Legal Question in Family Law in Georgia

In almost all cases one party automatically gets custody if the other party dies. Having said that, your daughter needs a lawyer as there are several things she can do to protect that child if she dies.

The first questions is has he legitimated the child? If he hasn't, he doesn't have legal rights to the child. If he has legitimated the child and he has some type of visitation or shared custody, he could take the child.

However, at the least, she should have a will prepared where she selects someone to protect her estate for the benefit of her child. This selection should be separate and apart from the selection of the child's guardian. Of course, it could be the same person. However, the designation in the will should be XXXX is the guardian of the child and XXXX as the executor will also be responsible for deciding how much is paid monthly to the guardian of the child. This protects against the father actually obtaining full custody of the child and having control of any estate your daughter may have.

Although your daughter can select the guardian of the person of her child, the judge will ultimately make this decision should the father seek custody. As shown above, your daughter has to have documents prepared to voice her wishes on custody and control of her estate. Therefore, she should consult with an experienced lawyer.

If you have further questions, please feel free to contact me.

Possibly. Consult with a local attorney.