grandparents want guardanship

What is the name of your state? georgia Does anyone have knowledge of how to get guardanship of a child left with you when the father isn't known and the mother won't consent. Our daughter left our 13 month old grandson with us at 6 weeks to look for work. She visits him about once a week but has never supported him on made a home for him at here residence. We want to protect him (she lost a child to DFACS two years ago due to neglect and the little girl now lives with her father.) Our daughter obviously is either not able or willing to take care of him but when she gets angry with us threatens to run off and "we will never see him again" She is bi-polar but will not take the medication and can hold a job. please help

bearbearsnanny said:

What is the name of your state? georgia Does anyone have knowledge of how to get guardanship of a child left with you when the father isn't known and the mother won't consent. Our daughter left our 13 month old grandson with us at 6 weeks to look for work. She visits him about once a week but has never supported him on made a home for him at here residence. We want to protect him (she lost a child to DFACS two years ago due to neglect and the little girl now lives with her father.) Our daughter obviously is either not able or willing to take care of him but when she gets angry with us threatens to run off and "we will never see him again" She is bi-polar but will not take the medication and can hold a job. please help

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Its difficult to get guardianship of someone else's child (even if its your grandchild) without either the consent of the parent, or legally finding the parent unfit (as happened with your other grandchild). Since she has already lost one child, you may be able to prevail, however I would strongly recommend using an attorney.

Please excuse the advice of the previous poster, she is associated with parent's rights groups and is in most cases against grandparent's rights.

Please understand that since you are caring for the child it is reasonable to apply through your county probate court, for tempoary guardianship. Not knowing the county in which you reside I will provide informaiton about the process for Grady County which will be much the same, but contact your county for local rules. This is not the same as legal custodian or sole custody. You can use an attorney if you wish, but most courts are helpful in your situaiton and self-help is available.

TEMPORARY GUARDIANSHIP INFORMATION

If you have a child in your physical custody and you are not that child’s parent, you are without authority to enroll the child in school, obtain medical treatment for the child or otherwise control the child without first becoming the legally qualified Temporary Guardian of Person through the Probate Court of your county of residence. (Alternatively, you may contact the Juvenile Court about becoming the legal custodian of the child.)

If you wish to become Temporary Guardian of Person, you must comply with every legal requirement, including notice to both parents of the child. If either is deceased, you must furnish the death certificate or other proof of death. If whereabouts of both parents are unknown, you will need to go to Juvenile Court. You must furnish a certified copy of child’s birth certificate and your personal identification. Upon completion of the forms, you will need to telephone the Probate Court 229/377-4621) to secure an appointment time to file for temporary guardianship. If you have any questions about the proceeding, contact an attorney. Clerks can furnish forms to you but have no authority to explain the law to you. You will be required to sign a consent form for your criminal history to be checked.

COST REQUIRED TO FILE PETITION FOR TEMPORARY GUARDIANSHIP - There are court costs which must be paid at the time you file the petition. These costs are set by the Georgia Legislature, not the Court. Clerks will inform you of total costs, which vary depending on method of service to parents.

Basic Costs: (Both parents signing relinquishment)
Filing petition: $60.00
Recording: $2.00 per page
Law Library Fee: $4.00
Each Certified Copy: $5.00

Additional costs: Sheriff service, postage charges and/or publication fees (if required)

Please keep us updated.

I have nothing against grandparents having guardianship or custody in situations where it is warranted....as it obviously is in this grandmother's case. However it IS true that it is difficult to do without the consent of the parent unless you can prove the parent legally unfit.

She does have things going in her favor, however I strongly believe she would get the best results by using an attorney.

LdiJ said:

I have nothing against grandparents having guardianship or custody in situations where it is warranted....as it obviously is in this grandmother's case. However it IS true that it is difficult to do without the consent of the parent unless you can prove the parent legally unfit.

She does have things going in her favor, however I strongly believe she would get the best results by using an attorney.

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Ldij,
You are assuming a question re custody which wasn't asked. Certainally custody is a more difficult battle, however, OP's question was not about custody it was, "Does anyone have knowledge of how to get guardanship of a child left with you when the father isn't known and the mother won't consent."

A process that given they have physical custody of the child should be straight forward. That is why I gave them information on how the process works so that they would not have unrealistic hopes or fears, because you are warning them about a custody battle which they are not considering currently. The information provided also gave them information of where to file if custody was the issue and to consult an attorney. Even if they consult an attorney, it behoves them to know how the process works so they can ask informed questions specific to their case, such as when the father is unknown.

rmet4nzkx said:

Ldij,
You are assuming a question re custody which wasn't asked. Certainally custody is a more difficult battle, however, OP's question was not about custody it was, "Does anyone have knowledge of how to get guardanship of a child left with you when the father isn't known and the mother won't consent."

A process that given they have physical custody of the child should be straight forward. That is why I gave them information on how the process works so that they would not have unrealistic hopes or fears, because you are warning them about a custody battle which they are not considering currently. The information provided also gave them information of where to file if custody was the issue and to consult an attorney. Even if they consult an attorney, it behoves them to know how the process works so they can ask informed questions specific to their case, such as when the father is unknown.

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Or when the father "magically" appears and files fraud charges against them and the court.

BelizeBreeze said:

Or when the father "magically" appears and files fraud charges against them and the court.

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You didn't finish the sentence!
or because they didn't go to court at all!

Magical father or absent mother, the child needs the protection of tempoary guardianship and there is no fraud in that when done through the courts.

Speaking not as an authority, but as a grandparent that has gone thru a similar situation; Temporary Guardianship gives you very little protection against the whims of the parent to take the child. I was advised of the EASE at which a parent can terminate a temporary guardianship order, by the court, when I inadvertantly petitioned the Probate court instead of the Family court! Family court is where you petition for Permanent Guardianship. (At least in Arizona).

If you are looking to protect the child from the whims of the parent; then you will need to go for Permanent Guardianship. Get a lawyer, if at all possible!! You are going to have to prove that the parent is UNFIT, UNABLE or UNWILLING to care for the child, (which it sounds like you have quite a bit of evidence of that), and will probably involve CPS and State's Attorney General's office in the process!!

Permanent Guardianship can be terminated by the parents; but, they must prove to the court that they have corrected their situation and now are able and willing to care for the child.

It will make the process go a lot smoother if you can talk to the mother when the time is right and try to convince her that you just want to be sure that you have the legal right to make important choices for the child when she isn't available. (However, you have complete control of the child, if granted Permanent Guardianship by the court)!

Of course, the mother would have an attorney, either hired or appointed if you file for this. He/she would, of course, advise her, mostly of the bad points for allowing this to go thru! This is why YOU need to be sure she understands that you aren't trying to take her child away and that she can have it terminated when she has her act together.

I wish you the best.