Legal Question in Immigration Law in Georgia

Re: Immigration Law/Family Law

You would need to bring an action to obtain legal guardianship of your father, by demonstrating that he is incompetent to take care of his own needs, or to engage in transactions for his own benefit. A court would most likely consider his spouse as the first person to whom guardianship would be granted.

Thus, you should be prepared to give evidence (beyond mere opinions about how bad she is or that she bankrupted your father) that shows that she has or will act in a manner that does not reflect his best interests.

If your father is in the United States, a state court would likely take jurisdiction over the matter, given that state law governs guardianships.

I am not sure what state you are located in, but if you are in Washington, feel free to give me a call and I am happy to give you a free telephone consultation. There are lots of facts that need to be explored in this setting before anyone can really give you an informed opinion of what are the possible likely outcomes of you bringing an action for guardianship of your father.

What I am telling you in this message can at best be construed as general information.

One last point: You mentioned that you are not sure of your father's immigration status in the United States. That is important, because if all this ends in a divorce, he may lose his status, although you or your siblings may qualify to sponsor him as well. The problem is his advanced age may complicate things. I am not sure of his physical health, but if it is like his mental health, there may be problems with having him travel between the US and Korea.