Legal Question in Family Law in Georgia
Daughter staying with Grandma
My daughter and her grandmother have always had a very close bond. When my Father in law became ill my Mother inlaw asked if my daughter could come and stay with her for a while. My wife and I agreed. We wrote a letter giving my Mother in law rights to seek medical care and make emergency decisions etc and sent along her insurance cards and thought that everything was fine. According to the school district, she can not be enrolled in public schools in Georgia unless my wife and I sign over our custodial rights as parents to my mother in law. We aren't giving her away, we're just loaning her out for a while! What do we need to do in this situation? Do we need to have Grandma legally appointed as a joint custodian? This seems way too complicated to me, when I was a kid I spent a year with my grand parents in another state and we didn't have any of these problems!
2 Answers from Attorneys
Re: Daughter staying with Grandma
There is a procedure called temporary guardianship. It is revocable at any time but should be sufficient for grandma to enroll the child in school. It needs to be filed in the Probate Court in the county where grandma lives.
Re: Daughter staying with Grandma
A letter does not give a person legal authority to get medical care for a child or to educate them. What is required is a temporary guardianship done through the Probate Courts.