Georgia Legal Services Program: The Kinship Care
Project
Helping Relatives Raise Children -
Creating Stable Relationships
The
proper legal relationship between the relative caregiver and the child is
important. Before filing any court
action, the relative should find out how a relationship will affect
public benefits. The information in this brochure does not discuss how legal
relationships affect public benefits.
1. Informal
Relationships
Nothing
is written or defined. It is not a stable
relationship. This relationship may be good for a short time. It may not be
good enough for the courts, schools, or health providers.
2. Power of Attorney
A
parent gives the relative certain rights for a specific amount of time. A
parent or relative may want a power of attorney if the parent: (a) has a serious illness, (b) is in prison, or (c) is on
active military duty. The power
attorney allows the relative to act for the parent. The parent gives the
relative these rights in writing. The parent can take back these rights at any
time.
3. Foster Care
The
Division of Family and Children Services (DFCS)
of the Department of Human Resources (DHR)—not
the relative—makes most of the legal decisions about the child. DHR looks into cases of child abuse and
finds foster homes. The court decides if
the child is abused. To be a foster parent, the relative must take classes, do
a home study, and pass a criminal background check. No one can assure that the
child will live with—or how long the child will live with—the relative.
4. Visitation
If a grandparent files a court action, the court may
order the child to have visitation with the grandparent. The relative now has a
legal right to visitation. The relative gets no other rights. This right lasts
as long as the court states.
5. Legal Custody
Custody
gives the relative rights. A relative files a court action. The court gives
custody to a relative only if it is in the best interest of the child and will
best help the child’s welfare and happiness. Relatives include grandparents,
great-grandparents, aunts, uncles, great-aunts, great-uncles, siblings, or
adoptive parents. Legal custody lasts as long as the court states.
6. Temporary Guardianship
The
parent gives up rights for a specific amount of time. A court action is filed
in the county where the child lives. If either parent does not want to give up
their rights, the court must deny the relative’s request. If the court grants
the petition, the child’s parents may later ask the court to end the rights of
the relative.
7. Adoption
An
adoption is the most stable bond. The relative becomes the child’s parent. The
relative must file a court action. An adoption happens only after the legal
ties between the child and the birth parents have ended. The court may end the
birth parents’ rights or the birth parent may agree to end his or her rights.
The GLSP Augusta Office: Richmond, Burke, Columbia, Glascock, Jefferson, Jenkins,
Lincoln, McDuffie, Screven, Taliaferro, Warren, Washington, and Wilkes
Counties.
The GLSP Savannah Office: Chatham, Bryan, Bulloch, Candler, Effingham, Emanuel,
Evans, Liberty, Long, Tattnall, and Toombs Counties.
The GLSP Piedmont Office: Bartow, Carroll, Coweta, Douglas, Fayette, Floyd, Gordon,
Greene, Haralson, Heard, Henry, Morgan, Newton, Paulding, Polk, Rockdale,
Spalding, and Walton Counties.
Georgia Legal Services Program
TDD 1 (800) 255-0056
GLSP Central Office
(404) 206-5175
Toll Free Number 1 (800) 498-9469
Act immediately if you
have received papers about your claim. Deadlines apply. Please see a lawyer
about your case.
The
views in this document are those of the author and do not necessarily represent
the official position or policies of the Georgia Department of Human Resources. The information in this brochure is intended only
as information; it is not legal advice. The information does not create an
attorney-client relationship. For specific legal advice, contact an attorney
licensed in the appropriate state and do not rely upon this information. This
brochure was created by the Georgia Legal Services Program under a grant from
the Georgia Department of Human Resources, Division
of Aging Services.