Q: How can I get Guardianship of my nephew if my sister gives her consent? And if she refuses?
I believe my sister is neglecting her three year old son, and can provide witnesses to several events showing neglect, including leaving him in a car while she went into the store, him running around outside with a knife he got from the kitchen unsupervised, and the person who found him called for her for 30 minutes before she came out of the house.
I live in Kansas with my wife and children. She lives in Georgia. His father has a visitation agreement, but hasn't legitimized him, and it isn't court ordered.
She is losing her housing because she refuses to follow the agreement she made with the landlord. Doesn't have a job, and her car isn't tagged, titled or insured. She's living on food stamps and the $600 a month child support his father is required to pay.
Is there any way for me to get Guardianship? Georgia Legal Aids website seems to indicates I can't get Guardianship if he isn't already living with me.
A:
There are options available, but more information about this case is required. These circumstances are unfortunate because there is potential child neglect. It is best to contact an attorney to discuss the specifics of your case in light of Georgia law.
We are glad to assist you. Contact us whenever you are ready.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
Homer P Jordan IV agrees with this answer
A: You may be able to file a private dependency action or a third party custody action. You should consult with an experienced attorney to determine what option is best under the specific circumstances.
Homer P Jordan IV agrees with this answer
A: As my colleagues have indicated, you may have some options that you can take, it all depends on the facts of the case. You should consult with an attorney who can review the facts of the case and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.