A permanent guardian may be appointed for a minor who has no living parents or in other rare circumstances.
Temporary guardianship may be granted to a person having physical custody of a minor in need of a guardian. The Probate Court may not grant temporary guardianship of a minor over the objection of a natural guardian.
(The natural guardian is the parents or the parent(s) having legal custody of the minor if the parents are divorced or were never married.) The granting of temporary guardianship of a minor does not permanently terminate the parental
rights of the parents. However, while the temporary guardianship is in place, the temporary guardian holds all of the powers of a natural guardian parent, including the authority to consent to medical treatment and to enroll the child
in school. Temporary guardianships do not expire until the child reaches the age of 18. However, a parent may petition the court to terminate the guardianship.
Temporary guardians undergo criminal background checks and are required to file reports on the personal status and conditions of the minor.
Below is what is required to become a temporary guardian of a minor found in Muscogee County:
- Documents Required to file:
- How this process works:
If Both Parents Consent: A background check will be run on all adults in the household at the time of filing. The petitioner is responsible for contacting the court within the next two weeks to set up an uncontested hearing with the Judge to take the guardian's oath.
If the Parents Do Not Consent*: A background check will be run on all adults in the household at the time of filing. Prior to hearing, parents must be served as provided in the guardianship law.
Refer to the Order for Services in Georgia in
Standard Form 28.
- Court Costs:
Deposit fee**: $105.00
Background Check: $20.00 per adult in the household
* Additional fees will be required if the parents do not consent.
** See Schedule of Costs and Fees for remaining balance.