Legal Question in Family Law in Georgia

Need a paper stating who gets custody of my chidren in the event of my death...?


Asked on 2/12/10, 2:06 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You need a qualified lawyer who can draft the appropriate paperwork (will, trust, etc.). There is also no complete free reign to dictate who gets custody. This is not something you do by signing a "paper."

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Answered on 2/17/10, 2:38 pm
Paula McGill Attorney at Law

You can place your wishes in your will. However, this does not prevent someone from challenging your decision for a physical custodian.

Nevertheless, if you are concerned about your assets, you can establish a trust for your children with a reliable trustee and note your desgination of your custodian of the assets for your minor children. You should also designate an alternate just in case the custodian/executor/trustee dies or becomes incapacitated. The designee should have the power to parse out payments to the custodian of the children (just in case your custodian is struck down by the court).

You should have an attorney prepare those documents. If you want to do it yourself, go to a law school library or your county court's law library (assuming your county has one). I know Fulton County law library (located downtown Atlanta) and Cobb Law Library (off of Marietta Square) have books that may assist you. If you decide to use these resources, you have to realize that the personnel in the library can only point you to the books. They cannot give you legal advice.

Again, it is better to have an attorney prepare those documents. My charge for preparing simple wills and trust documents ($500 to $5000).

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Answered on 2/17/10, 2:41 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no one paper that will work.

With a will, you can make a recommendation as to a guardian, but there are catches. If another parent is alive they generally come ahead of your pick (with some exceptions). Also, a court can overrule your choice for cause. However, most times, your choice is going to be accepted by a court.

However, you can also control, with near absolute say-so, who holds your assets for your child (usually by a trust in the same will).

The fees I charge for a simple will with a simple trust starts at about $200 to $250. I'd have to know more, but that might be adequate. Feel free to call me with details.

Wills with guardians and trusts are not do-it-yourself projects and you should use a lawyer to cover all the ins and outs.

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Answered on 2/17/10, 4:06 pm


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