Legal Question in Family Law in Georgia

Rights of surviving family of sisters Children

My sister was killed in an auto accident on Feb.22 2004 and their father and his family came and took the children, at the time of her death my sister had cousdy of the children because her and the father were never married could you tell me what his rights are as far as the children are and what my rights are as far as me being a surviving aunt. I want to have my sisters children in my life but i'm not sure if thier father and his family will let me and I was wondering if I might have some rights as I am a surviving relative of their mothers. I hope to get a response from someone soon.Thanks!


Asked on 3/02/04, 10:19 am

1 Answer from Attorneys
Harold Holcombe Harold D. Holcombe, P.C.

Re: Rights of surviving family of sisters Children

I'm afraid you don't have any visitation rights, but, if you were heavily involved with the children prior to their Mother's death you should try to work with the Father and see if he would let you have some visitation. As a last resort, you could file a petition for visitation rights, if you were heavily involved, with the penalty being that you might have to pay their court costs and attorney's fees because you filed a frivolous suite. The other scenario would be that they would submit to your request and allow you visitation even though you had no legal standing based solely on the fact that it would be in the best interest of the children. So the first step might be to call them and try to work something out, secondly to have an attorney write a letter and request rights, and thirdly file a petition for visitation.

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Answered on 3/02/04, 10:35 am


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