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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
The good news for you is that you already have an important kind of informal ‘de facto custody’ over him. It’s also important (and smart) that you are making this formal decision now, at an age where the child is going to need more and more legal representation for major life events. The reasons you assumed care, and how well you’ve done, are going to be a crucial facts, but the legal process of formal “guardianship” is going to be based on answering the question: “What is in the best interest of this child?” https://www.childwelfare. gov/systemwide/ laws_policies/statutes/best _interest.cfm.
Types Of “Custody” In Georgia
Simply taking care of a child doesn’t mean someone has become a “parent” or immediate family member. There is sole custody, joint custody, and legal custody. The State of Georgia often talks about custody between former partners (http://georgia.gov/popular-topic/learning-about-child-custody), which goes to show that biological parents get a preference in custody. You may end up exploring an option of asking for termination of parental rights, http://www.georgiacourts.org/councils/cjcj/pdf/benchbook %20chapters/ch09.pdf, but that will probably be some way off. Here’s information on proving the grounds for termination… https://www.childwelfare.gov/systemwide/laws_ policies/statutes/ groundtermin.pdf. The useful thing about knowing these rules is because it shows what you have been doing to act in the role as parent. But be careful: a court will not sympathize with anyone who tries to stop a parent from being a parent. That’s why you probably won’t want to ask for termination at this stage.
Getting Legal Help
Few areas of law need as much legal help as family court. Though representing yourself is an option, depending mostly on if anyone opposes your getting legal guardianship, there are very good reasons to ask for help. I’d suggest trying legal aid first: http://www. georgialegalaid.org/. Do that even before telling the biological parents. Sometimes, it’s a race to get legal aid, and they will only represent one “side” in any custody fight.
Having said that, there are some great places for you to get information on what court to use, and the forms that will be filed to become a legal guardian. Here’s a great resource… http://www.georgiacourts.org/aoc/selfhelp/.
The Decision Makers
The most common complication in any formal legal proceeding for custody will be the reactions and decisions of: (a) parent(s); (b) other relatives, including grandparents; (c) a judge, (d) the state child welfare agency, and (e) the Court-appointed evaluator or guardian ad litem. Each of them react to different types of evidence in the case…
- Important Evidence
Getting a well-organized case organized is going to save you money and time. Be able to show major life events, and what you did for the child’s well-being. This can be done with information, records, and photographs organized in separate folders for each year of his life. If you have other children in your home, show how they have related together. Testimony from friends and those who know you will showcase your ability and love for the child.
Be prepared to have your background explored, any possible crimes, as well as your financial and credit history and ability to care for a child. Never mind that you have already been dong it for almost ten years…before getting legal custody, a judge will want to be sure of your motivations and abilities. Unfortunately, some people try to get legal control for other reasons, from “getting back” at a biological parent to tax or welfare benefits. Explain specifically why your motivation in this case is for “the best interests of the child.” Not only that you care, but what you are doing to better care for his future. If you need to show a better need to get medical care or to make school decisions, be able to have records showing that or to have a doctor or teacher testify to their observations of your child care.
Finally: How Close The Tie?
Finally, your question said this is “our” Nephew. This raises a possible question about if you mean two blood relatives (for example, if the two of you are brothers or sisters), or one blood-relative and their spouse. Some people even use the term “nephew” as loosely as very close friends of the family. In answering this question, I have assumed some blood relationship. If you are an Uncle and Aunt, there will also be a need to show the stability of your marriage. If you are (for example) siblings, then you need to have an arrangement in writing for how you cooperate and who makes the major decisions.
The good news for you is that you already have an important kind of informal ‘de facto custody’ over him. It’s also important (and smart) that you are making this formal decision now, at an age where the child is going to need more and more legal representation for major life events. The reasons you assumed care, and how well you’ve done, are going to be a crucial facts, but the legal process of formal “guardianship” is going to be based on answering the question: “What is in the best interest of this child?” https://www.childwelfare. gov/systemwide/ laws_policies/statutes/best _interest.cfm.
Types Of “Custody” In Georgia
Simply taking care of a child doesn’t mean someone has become a “parent” or immediate family member. There is sole custody, joint custody, and legal custody. The State of Georgia often talks about custody between former partners (http://georgia.gov/popular-topic/learning-about-child-custody), which goes to show that biological parents get a preference in custody. You may end up exploring an option of asking for termination of parental rights, http://www.georgiacourts.org/councils/cjcj/pdf/benchbook %20chapters/ch09.pdf, but that will probably be some way off. Here’s information on proving the grounds for termination… https://www.childwelfare.gov/systemwide/laws_ policies/statutes/ groundtermin.pdf. The useful thing about knowing these rules is because it shows what you have been doing to act in the role as parent. But be careful: a court will not sympathize with anyone who tries to stop a parent from being a parent. That’s why you probably won’t want to ask for termination at this stage.
Getting Legal Help
Few areas of law need as much legal help as family court. Though representing yourself is an option, depending mostly on if anyone opposes your getting legal guardianship, there are very good reasons to ask for help. I’d suggest trying legal aid first: http://www. georgialegalaid.org/. Do that even before telling the biological parents. Sometimes, it’s a race to get legal aid, and they will only represent one “side” in any custody fight.
Having said that, there are some great places for you to get information on what court to use, and the forms that will be filed to become a legal guardian. Here’s a great resource… http://www.georgiacourts.org/aoc/selfhelp/.
The Decision Makers
The most common complication in any formal legal proceeding for custody will be the reactions and decisions of: (a) parent(s); (b) other relatives, including grandparents; (c) a judge, (d) the state child welfare agency, and (e) the Court-appointed evaluator or guardian ad litem. Each of them react to different types of evidence in the case…
Getting a well-organized case organized is going to save you money and time. Be able to show major life events, and what you did for the child’s well-being. This can be done with information, records, and photographs organized in separate folders for each year of his life. If you have other children in your home, show how they have related together. Testimony from friends and those who know you will showcase your ability and love for the child.
Be prepared to have your background explored, any possible crimes, as well as your financial and credit history and ability to care for a child. Never mind that you have already been dong it for almost ten years…before getting legal custody, a judge will want to be sure of your motivations and abilities. Unfortunately, some people try to get legal control for other reasons, from “getting back” at a biological parent to tax or welfare benefits. Explain specifically why your motivation in this case is for “the best interests of the child.” Not only that you care, but what you are doing to better care for his future. If you need to show a better need to get medical care or to make school decisions, be able to have records showing that or to have a doctor or teacher testify to their observations of your child care.
Finally: How Close The Tie?
Finally, your question said this is “our” Nephew. This raises a possible question about if you mean two blood relatives (for example, if the two of you are brothers or sisters), or one blood-relative and their spouse. Some people even use the term “nephew” as loosely as very close friends of the family. In answering this question, I have assumed some blood relationship. If you are an Uncle and Aunt, there will also be a need to show the stability of your marriage. If you are (for example) siblings, then you need to have an arrangement in writing for how you cooperate and who makes the major decisions.