QUESTION
Is it possible for me, as a grandparent to obtain the grandchildren at the time of my daughter's death (cancer)?
Asked on Jun 06th, 2014 on Child Custody - Georgia
More details to this question:
The children are 10 and 13. Mother has always had custody but she is now dying of cancer. The father was to pay $1100 per month child support according to divorce papers. He owes $61,000. He has NEVER paid $1100 per month. He pays sporadically now - never over $200 every 6 weeks. He lives in Texas with new wife and his 2 new children. Hardly ever sees children. Never talks to them on phone. His parents who lives 50 miles away never sees grandchildren. Has never given any money for support.
1 ANSWER
Divorce Attorney serving Warner Robins, GA
at
Danielle D. D'Eor-Hynes Family Law Center, LLC
Update Your Profile
From what you have written here, it certainly appears that you have a very good chance of getting custody of these children. You must file to establish custody in your favor, and if your daughter is agreeable, she can sign rights over to you before she passes away. If the father is in arrears, he will have a very difficult time proving he has the right to custody, and if he has not been in their lives, he will have even more difficulty. You will need to have him served whatever paperwork that is filed with the Court, but this is a very complex situation that requires a Family Law Specialist. That is important, and the Family Law Section of the Georgia Bar can assist with names in your area. That site is www.gabar.org.
Hope this helps.
Danielle D. D'Eor-Hynes, Family Law Center, LLC
www.hynesfamilylaw.org
Answered on Jun 12th, 2014 at 4:09 PM