You want to know how to get legal guardianship in Georgia.
In this article, you’ll learn:
Let’s dig in.
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We help parents giving guardianship who are worried about losing parental rights. And we help guardians make sure they have the rights they need to properly care for the child.
You have to get a court order to get legal guardianship in Georgia.
Even if the person has consented to you being their guardian.
You still have to get a court order for your legal guardianship in Georgia to be legally accepted.
The first thing you have to do is file a legal guardianship form with the courts.
You can get these legal guardianship forms at the Superior Court.
And that’s where you’ll file them too.
After you file for legal guardianship, you need to schedule a court hearing.
The courts will interview both parties to make sure you should be appointed legal guardian.
After this, you will get legal guardianship.
Related: Power of Attorney Georgia
This section will just condense the steps on how to become a legal guardian in Georgia.
Related: Power Of Attorney vs Guardianship
To get temporary guardianship in Georgia, you must file a petition with the probate courts.
The petition for legal guardianship in Georgia must be filed either:
The petition for legal guardianship in Georgia needs to include with it:
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Let’s talk about the available types of legal guardianship in Georgia.
Temporary guardianship is when you give another adult guardianship for a specific period of time.
Children can live with someone under their care if they have temporary guardianship.
And this person becomes responsible for the day-to-day needs of that child.
Temporary legal guardianship in Georgia gives another adult the right to make decisions about:
Permanent guardianship in Georgia allows an adult to care for a minor child permanently.
A permanent guardian is responsible for providing:
A permanent guardianship gets appointed in Georgia when:
Juvenile courts can appoint a permanent guardian even if the parents are still alive.
Once permanent guardianship gets granted, it cannot be revoked.
Meaning, a parent cannot apply to the courts to terminate the permanent guardianship.
Related: Guardianship vs Parental Rights
Testamentary guardianship in Georgia is set up in the event that one or both parents pass away.
A testamentary guardian is normally designated in a will.
But the courts will still make sure that the appointed testamentary guardian is the best choice.
The courts will determine if the testamentary guardian is unable, unwilling, or unfit to be a guardian.
If any of these are true, then the courts will appoint a different guardian.
There are a few rules for getting temporary guardianship in Georgia, such as you:
If you meet these requirements you can get temporary guardianship without going to court.
The guardianship goes into effect once the guardianship forms are signed by both parties.
No, guardianship does not automatically override parental rights.
Legal guardianship in Georgia overrides parental rights when they conflict with court orders.
There are parental rights that don’t conflict with court orders, like getting visitation.
In this case, guardianship does not override parental rights.
But if the courts have terminated your parental rights, then guardianship does override parental rights.
Let’s talk about the rights of guardianship in Georgia.
A guardian has the right to choose:
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