Legal Question in Family Law in Georgia

A married couple both have a history of mental illness(the wife was briefly institutionalized). The wife is now pregnant. Does the family(which includes a brother in law attorney) have any moral or legal obligation to prevent this child from being left in the custody of the two would-be parents?


Asked on 8/07/10, 12:34 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Legally speaking, under Georgia law, it is a criminal offense for parents and legal guardians to fail to meet a child's basic needs, including food, clothing, shelter, medical treatment, and supervision. Such failure constitutes child neglect. It is also a criminal (and in some instances, civil) violation of the law for certain individuals to fail to report abuse, such as case workers, doctors, teachers, etc. The law does not extend to other family members. Grandparents, aunts, uncles, sisters, brothers, nieces, nephews would all be subject to these laws and it's just not practical. While we say it takes a village to raise a child, the law will not hold the village accountable if the parents neglect or abuse the child.

I cannot speak to the moral aspect. Every family has a different set of moral, religious, and community values and I find it's usually a good idea to stay out of "what's right vs. what's wrong" type conversations. With that said, if you decide you want to get involved, you should contact a family law attorney and discuss the following:

1.) Does the wife's mental illness prevent her from caring for herself and her unborn baby during the pregnancy? At the far end of the spectrum, does the wife's mental illness present the possibility that she would harm herself or her unborn child during the pregnancy? Legal steps may be taken to have a guardian appointed for the wife. Of course, if the wife is above the age of 18 and does not consent to the guardian being appointed, it can be an uphill battle.

2.) In some instances, blood relatives have standing to ask the Court for visitation and/or custody rights to the child. Again, uphill battle.

3. In some instances, such as imminent threat to the child, the Court will terminate parental rights altogether and place the child with relatives.

Good luck to you. I know from experience that having an adult family member with mental illness is incredibly difficult.

Best of luck to you. I know from experience that having an adult family member with mental illness is incredibly difficult.

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Answered on 8/12/10, 1:03 pm


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