Burrton, KS asked in Family Law and Child Custody for Georgia

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.

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3 Lawyer Answers
Priscilla T. Upshaw
Priscilla T. Upshaw
Answered
  • Powder Springs, GA
  • Licensed in Georgia

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

Ellaretha Coleman
PREMIUM
Ellaretha Coleman
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

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

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

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

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