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Can my Aunt get custody of my child?

Buford, GA |

Ok so my aunt wants to get custody of my daughter. She is 9. My aunt keeps saying when she is 11 she can get custody? My daughter is not in any harm I take very good care of her, but I do try to get her to be responsible and clean up her mess and house chores like that. My aunt does not like my husband because he is strict. He was raise by military parents. She does not like how we raise her.

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Attorney answers 4

Posted

Technically, your aunt could file a custody action against you, but she would have a very hard time being successful. If this were an action between parents, then the court would consider each parent having equal rights to custody of the child. However, since she is a third party to the child (not a parent), she would have a higher standard to overcome to obtain custody from a parent.

This response is being given based only on the facts presented in your question. Additional facts may significantly change this response. This response is not intended to be legal advice and shall not in any way establish an attorney-client relationship.

Asker

Posted

Thank you. Everyone in the family is with me and thinks she is over reacting because I don't raise my child the way she wants me to. I just wanted to see if I needed to start saving money for a lawyer if she does try.

Posted

She could file for custody. However there would be a significant number of hoops to be jumped through in orde for her to obtain custody based on the provided information.

Gina Hunter
www.hunterlawgroup.com

Posted

Based on what you wrote, it sounds like you and your husband are good parents even if your aunt disagrees with your parenting styles. That is not enough for her to have custody of your daughter. A relative having custody usually comes about because both parents are unable or unfit to care for the child. From what you have said, both you and your husband are involved and there is nothing to say that you are unfit.

If she were to file for custody, there would have to a hearing before a Judge to determine whether she should have custody. (You can agree to her having custody but that does not sound like what you would be willing to do.)

Asker

Posted

Thank you. No I would not want my child with her. My daughter is happy here. I was curious. The fact that she is waiting till she is 11 try and get my child cause she thinks she will want to live with her was confussing too. As well as she only wants my daughter and not my son.

Emily Su-Hwa Yu

Emily Su-Hwa Yu

Posted

Her saying that she is waiting until 11 may be a result of things she has heard regarding laws in Georgia (this is just a guess). In divorce proceedings, a child who is between 11-14 can indicate to the Court which parent the child would like to live with and the Court can take it into consideration. When the child is 14, the child's election is presumptive and given strong weight by the Court. Again ,this is just a guess as to why your aunt said 11!

Asker

Posted

Yes I do think that is what she is thanking.

Posted

It would take unusual facts for an aunt to take a child away from parents, so I don't think you should worry unless she files something. Obviously if she does, hire counsel at that time.

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