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  1. #1
    Join Date
    Oct 2007
    Posts
    1

    Default Effect of Divorce on a Guardianship, in Georgia

    History: Mom and Dad had a child together in GA. When child was 2, Dad went to jail for a year (drugs). While Dad was in jail, Mom dropped off child at paternal grandparents and signed a napkin (yes, a napkin) saying grandparents had whatever rights they wanted. Grandmother gets this formalized through an attorney, not the courts. Dad never signed anything relating to guardianship. Dad gets out of jail, gets child, gets a divorce, gets custody of child, gets remarried, moves to Kentucky. Skip forward ten years - grandmother is now telling child she is still her legal guardian, that she only "let" the dad take her, and wants her to move back to GA. Child is confused. Dad is confused. Stepmom is very confused. Questions:
    1. Could the grandmother still be child's legal guardian?
    2. Since Mom conferred the rights to grandmother, does that still hold up since Mom lost custody in the divorce?
    3. Can a child have both a legal guardian and a custodial father, both with equal rights?

    Thanks for any response. Other points: Mom has not been seen or heard from for ten years. Child is now in therapy due to abandonment issues with Mom, and issues with grandmother trying to get her to live with her.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Did divorce change guardianship in GA?

    Unless the attorney filed the guardianship with the courts then g-ma NEVER had legal guardianship. But nevertheless...Dad was awarded custody in the divorce and that is the order that is most recent and as such it trumps all others.

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