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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I have a student that is 17 that will turn 18 in September.

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I have a student that is 17 that will turn 18 in September. He lives with his father here in Arkansas. His father was arrested for selling drugs and is currently out on bail. He's a good students with good grades and a promising future. His grandmother in a different state wants him to come live with her so that he can finish his senior year and not be homeless. How does he go about having guardianship transferred to her if his father doesn't want to go through the "hassel" of doing it?
Is there a current custody order? Is the father willing to let him go to his grandmother's?
Customer: replied 7 years ago.
The father has custody. He is the only living parent. He is willing for the child to go to his grandmother but seems reluctant to pursue changing guardianship. Thinks it will take a long time. The young man wants to pursue it quickly because school begins in a few weeks in Georgia and he doesn't want to be behind. He also doesn't want to end up homeless when his father is evicted nor go into foster care since he has a relative that will care for him this final year of school.
It seems like the only problem is school enrollment.

According to the Georgia Department of Education, a child can be enrolled in school where that child resides. Residency is defined as:

"the place where the student lives with a parent, guardian, or other person, unless the student is an emancipated minor.
The student must be an occupant of a dwelling located within the school system
boundaries . Proof of residence in the county in which the school is located shall be
required when a student enrolls in a school and whenever a change of residence occurs unless the student is homeless." Their policy does not require the enrolling party to have custody of the child. However, you should contact your local school district for specific registration information as registration procedures can vary from school district to school district. Typically, a school will either require a custody or guardianship order or permission from the custodial parent. It is the grandmother who would need to file for custody, not the father. It would have to be done in Georgia, not Arkansas. Getting a permanent custody order does take a long time and money, but getting an emergency order to enroll a child in school might not be so difficult. The procedures vary state by state, but all states will have an emergency procedure for requesting emergency custody and it would likely be granted since the case is uncontested. I am not sure I would go through with that until you know it's necessary, but if you really want to take care of this before school starts, that is what I would do. I do not know grandmother's finances, but she might qualify for free legal aid from Georgia's legal services program if she is low income or if she is a senior. Every state has a free legal aid program that may be available if you qualify. Georgia's email address is: They may also know the specific requirements of the school district in which this child wishes to enroll.
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