Mcdonough, GA asked in Family Law and Child Custody for Georgia

Q: As guardian of my grandsons for 1 yr should I receive copy of case plan?

DFAcs removed child from parents due to neglect. I also have 2 yr old and 6 mos old sibling now for 1 yr.

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1 Lawyer Answer
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Divorce Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: Did you obtain legal guardianship prior to the dependency action? If no, and the children with placed with you pursuant to the juvenile court case, then you do not have guardianship, but, rather, placement of the children. I know it sounds like semantics, but there is an important distinction. If DFCS took legal custody pursuant to a dependency order, then they, not you, have the ability to make decisions on behalf of the children and they, not you, are the legal guardian of the children. If this is the case, you don't necessarily have rights in the matter, except for the fact you will be notified of hearing times and dates so that you can bring the children.

You may want to consult with a local attorney, and give them the facts of the case, to get a better understanding of where you stand.

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