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

Q: I'm caring for my nephew at the moment (for the last 3 years my brother has)they split up when my nephew was 4 now hes 8

What RIGHTS do I have as the AUNT? My brother/his ex girlfriend have no legal court documents for custody over my nephew. Nephew just now been living with his dad (my brother) for the last 3 years while his mom (ex GF) gets "on her feet". But my brother had to leave for a couple of months out of state to look for better work to support his son and him, which he will be coming back for him in a month, 2 or 3. Anyways I was left in charge to care for him until my brother returns to get him and move him down to [new state] with him. The mother has gotten In contact with me so she can have phone conversation with my nephew (her son) due to not being able to reach my brother (I'm guessing since he's in another state working odd hours it's kind of harder to talk to him now). She asked for my address so she can "send him items" but now everyone has me worrying that she might try to come to take him back (she hasn't had him for +3yrs). How much rights do I have to NOT allow this to happen?!

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3 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You don't have any rights at all. If you want custody of your nephew, speak to an attorney about filing for guardianship or custody.

--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777

Homer P Jordan IV agrees with this answer

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

A: You unfortunately have no legal rights to the child. The only way to obtain legal rights is to obtain guardianship or custody through a court order.

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: I agree with my colleagues. At this point you have no legal rights to your nephew. If you would like to seek custody rights you should consult with an attorney who can review the facts of the case in detail and provide you with guidance. -Homer P. Jordan IV, Esq. 404-620-1558

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