How do I obtain a court document to prove I am the custodial parent of my two minor daughters? 4 Answers as of September 08, 2011

My father passed a couple months ago. His employer provided a life insurance policy that divided funds between me and my two minor daughters. In order for me to obtain control over the funds due to my girls, I have been told I must provide a document from the court that shows I have legal custody or guardianship of my girls. I am married to their father and we reside in the same home. What do I need to do to obtain this document?

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Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
If the children were born during the marriage and you are still married, then, by operation of the law, you and your husband have legal custody. A divorce is typically the only time the Court issues an Order regarding Legal Custody.
Answer Applies to: Georgia
Replied: 9/8/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You retain a lawyer. Even though you have custody, you must get a court order to deal with their assets, which are not yours. Your father made a big mistake in how he worded his policy. He should have left a will with a trust, and had the insurance payable to that.
Answer Applies to: Georgia
Replied: 9/8/2011
Law Office Of Jody A. Miller
Law Office Of Jody A. Miller | Jody A. Miller
It sounds like what you need is a document appointing you guardian over the property of your children. Georgia law requires that if children come into funds over a certain amount, they must have a guardian over their property appointed and an accounting of those funds provided. I would start by consulting with a lawyer regarding this case, and then by going to the probate court in your county to get forms required to appoint you as guardian over the property of the children.
Answer Applies to: Georgia
Replied: 9/8/2011
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