Appointment of Guardians for Children under Georgia Law
by: Atlanta Legal Aid Society
Appointment of Guardians for Children under Georgia Law
Sheila Chrzan
Atlanta Legal Aid Society
Last Revised: August 2004
The Georgia Code states the powers and the responsibilities of guardians:
The power of a guardian over the person of his ward shall be the same as that of the parent over his child, the guardian standing in place of the parent. In like manner it shall be the duty of a guardian to protect and maintain and, according to the circumstances of the ward, to educate him. O.C.G.A. § 29-2-1
Temporary Guardians of Minors O.C.G.A. § 29-4-4.1
1. What is a temporary guardian?
A temporary guardian is a person appointed by the probate court to take care of a child whose parents or other guardians have temporarily given up their parental rights.
2. Who has the right to apply for a temporary guardianship?
The person having actual physical custody or possession of the minor and who claims that the minor is in need of a guardian can apply for the temporary guardianship.
3. What probate court has the authority to appoint a temporary guardian?
The judge of the probate court of the county where the child is found has the authority.
4. In order for the temporary guardianship to take place, must the parents or guardians give up their parental rights?
The parents or guardians must temporarily give up or relinquish their parental rights. The notarized document that is used to do this must be part of the guardianship petition. If one or both do not give up their rights, the one who did not must be properly notified of the petition for temporary guardianship.
5. What if the parents or guardians object to surrendering their rights, even on a temporary basis?
The guardianship will not be granted if one or the parents objects.
6. Does the parent or guardian always have the right to select the person to be the temporary guardian?
The parent does have the right to make the choice. However, for good cause, the judge of the probate court may choose someone else. This does not happen very often.
7. If the biological father or an unknown father do not give up their rights, do they have to be notified?
Yes, they must be notified. They are usually notified by personal service at the last known address or if the parent's address is unknown with a legal advertisement run in the court designated newspaper.
8. Does the child have any say in this process?
If the child is 14 or older when the guardian is appointed, the child has the privilege of selecting the guardian. Once again, the court must approve the choice.
9. How long does the temporary guardianship last?
It remains in effect until the child reaches the age of 18.
10. Can a parent dissolve the guardianship?
Yes, upon application of one of the child parent, notice is provided to the temporary guardian of the application to terminate the guardianship. If no objection is filed within ten days of notice the judge shall dissolve the temporary guardianship.
If an objection is filed the judge will transfer the case to the juvenile court, which will give both sides notice and hold a hearing. The juvenile court will make the decision whether or not it is in the best interests of the child to continue the guardianship.
10. Does the temporary guardianship release the parents from their obligation to support the child?
No, it does not release them. They still have to support the child financially.
For more information please contact the Atlanta Legal Aid Society or Georgia Legal Services Program office nearest you.
For Clayton, Cobb, Dekalb, Fulton, and Gwinnett Counties, call Atlanta Legal Aid Society: 404-524-5811
For all other counties, call Georgia Legal Services Program: 1-800-498-9469 (toll free)
For Seniors age 60 and older, call the Georgia Senior Legal Hotline: 1-888-257-9519 (toll free)
Sheila Chrzan
Atlanta Legal Aid Society
Last Revised: August 2004
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