Legal Question in Family Law in Georgia

Grandson's guardianship

Our daughter left our grandson with us at 6 weeks old and has not supported him since. the problem is she will not agree to give us guardianship of him so we can protect him in the future. She had a daughter taken from her by DFACS 2 years old for neglect so she is afraid to sign anything. When she is angry is us she says she will disappear with him and we will never see him again. We are desperate to protect our grandson from this but can't afford the big lawyer retainers. She is bipolar but not on medication, has past drug problems and can't hold employment and has lived with 3 different men in the past year. Can you help?


Asked on 1/14/05, 10:37 am

2 Answers from Attorneys

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

Re: Grandson's guardianship

You would need to petition the court to grant you guardianship, which they will only do if the parents are deemed unfit. You can do it without an attorney, but I would not recommend it.

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 1/14/05, 10:42 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: Grandson's guardianship

You might try working with DFCS in this situation also. You didn't say whether your daughter lived with you. I have helped other grandparents obtain custody or guardianship of their grandkids and sometimes, unfortunately, that's what you have to do if the child is neglected. It's generally not pleasant. The simplest thing for your daughter to do is at least sign over temporary guardianship so that you can get insurance for the child. Tell your daughter that this is something she can revoke (although a hearing would be held in that event). But, sometimes the "temporary" part of guardianship helps to temper the psychological part of the event that she, as a parent, is feeling.

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Answered on 1/14/05, 10:55 am


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