Legal Question in Family Law in Georgia
I gave up my daughter at birth in 1981.In 2010 we reunited. since then My daughter had a son. It is apparent and obvious that my daughter is on drugs and may go to jail.my daughter has been caught for burglary and shoplifting.The baby is 2 now. My daughters adoptive grandparents are seeking custody of Colton, my grandson. The adoptive grandparents are well off financially. I am not, but....love my grandson and can provide him with everything that he needs. I have only visited with Colton 3 times. the adoptive grandparents have been very active in his life. the adoptive grandparents Are in their 60's. The adoptive grandmother has called me over and over upset about my daughters problems for months now. I love my daughter and grandson.I never had any other children.What are my rights as Coltons maternal grand parent in Ga. ? Do I even have a chance ? I feel that her adoptive parents will sever the relationship between my daughter,grandson and myself.Thank you.
2 Answers from Attorneys
Because of the adoption, you are not viewed in the eyes of the law as having any relation to your grandchild. Your daughter's adoptive parents are the only people who could file an action for custody of the child, and even they would have a hard burden to obtain custody. Your daughter could grant you custody or guardianship of the child, but she would have to be willing to do so. If that is the case, you will need to see a lawyer with her to get this done.
Unfortunately, although you are the biological grandmother, the adoption severed all legal rights you have to your daughter or grandchild. Your daughter is an adult and could consent to you having custody. You really need to speak with an family law attorney to discuss your options. Hopefully, however it works out, both you and the adoptive grandparents will continue to have a relationship with your grandson.
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