Decatur, GA asked in Family Law, Child Custody and Estate Planning for Georgia

Q: Can I get papers done so that my son stays with my sister if, Lord forbid I am in a coma or die ?

The father hasn't had a relationship with our son and doesn't want to (and is a convicted felon for a sex crime). I live with my sister and niece and that's all the family my son really knows and loves so much.

2 Lawyer Answers
Regina Irene Edwards
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Answered

A: Children be willed to another person, nor can you terminate the father's rights. If you pass away, your sister will have to apply for guardianship. The father has the right to ask for custody if he chooses. Your sister would have to prove he is unfit in order to win custody over the father. That may be possible with his sex crime conviction.

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Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Children can not be willed to another person, nor can you terminate the father's rights. If you pass away, your sister will have to apply for guardianship. The father has the right to ask for custody if he chooses. Your sister would have to prove he is unfit in order to win custody over the father. That may be possible with his sex crime conviction.

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