The Hive Law

How To Get Legal Guardianship In Georgia

How To Get Legal Guardianship In Georgia - How To Get Temporary Guardianship In Georgia - Filing For Legal Guardianship

You want to know how to get legal guardianship in Georgia. 

In this article, you’ll learn:

  • how to get legal guardianship
  • the requirements for legal guardianship in Georgia
  • about getting guardianship without going to court
  • whether guardianship overrides parental rights
  • where to file for legal guardianship in Georgia

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.

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How To Get Legal Guardianship In Georgia

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

How To Become A Legal Guardian In Georgia

This section will just condense the steps on how to become a legal guardian in Georgia. 

  1. get the guardianship forms from the Superior Courts
  2. fill the forms out and file them at the Superior Court
  3. serve the parties involved with the petition for legal guardianship
  4. obtain confirmation of service
  5. schedule a court hearing
  6. show up to court to present the need for legal guardianship
  7. obtain your court orders giving you legal guardianship in Georgia

Related: Power Of Attorney vs Guardianship

How To Get Temporary Guardianship In Georgia

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:

  • in the county the child lives in
  • in the county the guardian lives in

The petition for legal guardianship in Georgia needs to include with it:

  • the child’s birth certificate
  • a valid identification card
  • proof there are no natural, permanent, or testamentary guardians
  • name and address of the potential guardian
  • any agreements between the guardian and parents

Related: Conservatorship vs Guardianship

Types Of Guardianship For Minors

Let’s talk about the available types of legal guardianship in Georgia. 

Temporary Guardianship

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:

  • medical treatment
  • the child’s education
  • finances for the child
  • their healthcare
  • their religious practices 

Related: Do You Need Guardianship If You Have Power Of Attorney

Permanent Guardianship

Permanent guardianship in Georgia allows an adult to care for a minor child permanently.

 A permanent guardian is responsible for providing:

  • a healthy and safe living environment
  • education
  • necessary health care

 A permanent guardianship gets appointed in Georgia when:

  • the parents have passed away
  • the rights of the parents have been removed by the courts

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

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.  

Can You Get Temporary Guardianship Without Court In Georgia?

Yes, you can get temporary guardianship without court

You will be responsible for filing the petition for temporary guardianship. 

How To Get Guardianship Of A Child Without Going To Court

There are a few rules for getting temporary guardianship in Georgia, such as you:

  • only need temporary guardianship for less than 6 months
  • have the parents’ permission
  • have the parents sign and notarize a temporary guardianship form

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. 

Does Guardianship Override Parental Rights?

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. 

Rights Of Guardianship

Let’s talk about the rights of guardianship in Georgia. 

A guardian has the right to choose:

  • where they go to school
  • what religion they pursue
  • whether they need tutoring
  • what doctors they get to see
  • what medications do they take

Get Legal Guardianship In Georgia

If you want the best family law attorneys to represent you, fill out the form below.

We have the experience needed to ensure that your rights are protected.

This means that you don’t wrongfully lose custody of your children.

We also make sure that your judgment is equitable and fair.

This means you don’t get raked over the coals financially.

After you fill out the form below, we will set up your free consultation.

Talk soon.

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