Experienced Marietta, GA Lawyer Provides Counsel on Guardianships
Effective strategies for protecting neglected children
If you love a child whose health and safety are at risk due to parental neglect, and you want to make a positive difference in that child’s life, the Law Offices of Daryl L. Kidd, P.C. can help. Georgia law allows grandparents, relatives and family friends to step forward and assume temporary custody to care for endangered children. We can help you draft a legal agreement with a cooperative parent or petition the juvenile or probate court to grant you custody over the objections of the neglectful parent. We understand the need to proceed with sensitivity, but also to act quickly and decisively for the good of the child.
Assuming care of a child through power of attorney
Georgia law allows parents to delegate authority for a minor by providing for a special “power of attorney for the care of a minor child.” This is a voluntary agreement between a parent who has suffered a hardship and a responsible adult, often a grandparent, to transfer authority to care for the child until the parent can manage parental responsibilities. Hardships may be due to:
- The death of the other parent
- A serious or terminal illness
- A physical or mental condition
- The loss of a home due to natural disaster
- A period of active military duty
The power of attorney arrangement frees parents to focus on issues in their own life that they need to correct before they can resume parenting. When a stressed parent is able to look objectively at circumstances and put the child’s needs first, it’s often possible to get consent and avoid a court battle. The voluntary nature of this agreement makes it the least disruptive and most cost-effective option for securing the child’s welfare.
Special provisions under Georgia’s Care of a Grandchild Act
Georgia has made power of attorney transfers especially easy for grandparents. When a parent transfers caregiver responsibilities to a grandparent through a valid power of attorney, no further action is necessary. All other relatives and family friends who accept caregiver responsibilities through a power of attorney are outside the protection of the Care of a Grandchild Act; they should also petition the court to be granted a temporary guardianship.
Petitioning the court for temporary guardianship in Cobb County
When a neglectful or abusive parent won’t face facts and concede their child is being harmed, the law provides options for concerned individuals who want to help the child. Legal actions include:
- Notifying the Division of Family and Children Services — If a child is being neglected or abused, DFCS will remove the child from the home. You can then request the child be placed with you.
- Filing a private deprivation action — Instead of going through DFCS, you can file an action in juvenile court. If the court finds evidence of neglect, physical abuse, emotional abuse or an unstable lifestyle, the court can place the child in a healthier environment, appointing you as temporary guardian.
When the health and welfare of a child is involved, it is important to act decisively, but not before consulting an experienced family lawyer. Daryl L. Kidd has the knowledge and experience to manage these issues effectively and with the utmost sensitivity. We treat all stakeholders with respect as we work professionally to achieve positive results that serve the best interests of the at-risk child.
Contact a caring family law attorney for guardianship issues in Marietta
The Law Offices of Daryl L. Kidd, P.C. has managed guardianship disputes in the Marietta area for more than three decades. If you’re concerned about a child’s welfare, call us at 888-532-8543 or contact our office online. We offer a reduced rate for initial consultations and have flexible office hours during the week to accommodate your schedule.