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Free Georgia Child Custody Form

Forms in Child Custody

Use this template/form to file for child custody in the state of Georgia

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Text version of this Form

———————– Page 1———————–

GEORGIA PROBATE COURT

STANDARD FORM

Petition for Temporary Letters of Guardianship of Minor

INSTRUCTIONS

I. Specific Instructions

1. This form is to be used for filing a Petition for Temporary Letters of Guardianship of a

minor pursuant to O.C.G.A. §29-2-5.

2. Notice of the Petition must be given to the “parents” of the minor. If an objection to the

establishment of the temporary guardianship is filed by a parent who is also a “natural

guardian,” the Court will dismiss the Petition without a hearing. If a parent who is not a

natural guardian objects, a hearing on the matter will be scheduled.

A “parent” is defined as the biological or adoptive father or mother whose parental rights

have not been surrendered or terminated, except that in the case of a child born out of

wedlock, the father shall be considered a “parent” only if he has legitimated the minor.

A father of a child born out of wedlock has legitimated the minor if he took some legal

action to be recognized as the legal or lawful father.

A “natural guardian” is defined as each parent, unless the parents are divorced. If one parent

has sole legal custody, that parent is the sole “natural guardian.” If both parents have joint

legal custody, then both parents are “natural guardians.”

3. A temporary guardianship will be deemed to be a permanent guardianship for the purposes

of obtaining medical insurance coverage for the minor if the guardian assumes in writing the

obligation to support the minor while the guardianship is in effect to the extent that no other

sources of support are available.

4. Unless otherwise permitted by the Probate Court in which filed, a separate Petition must be

filed for each minor. Contact the Probate Court in which the Petition will be filed for its

policy. If the filing of one petition for more than one minor is permitted by the Probate

Court, modify the Petition accordingly.

5. According to Probate Court Rule 5.6 (A), unless the court specifically assumes the

responsibility; it is the responsibility of the moving party to prepare the proper citation and

deliver it properly so it can be served according to law. Pages after 6 which are labeled

“Court” are to be completed by the moving party, unless otherwise directed by the court.

II. General Instructions

General instructions applicable to all Georgia probate court standard forms are available in each

probate court.

Effective 8/10 GPCSF 28 Petitioner

———————– Page 2———————–

GEORGIA PROBATE COURT

STANDARD FORM

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ) ESTATE NO.

)

, ) PETITION FOR TEMPORARY LETTERS

) OF GUARDIANSHIP OF MINOR

, )

MINOR )

TO THE HONORABLE JUDGE OF THE PROBATE COURT:

The petition of , who is/are

domiciled at (physical address) ,

County, who has/have actual physical custody of the minor named above, and whose

mailing address(es) is/are

shows:

1.

The minor, ,

currently is located in the county in which this petition is being filed, is years old with a date of

birth of . The minor’s current address is

.

A copy of the minor’s birth certificate is attached as exhibit “A.”

2.

Said minor is in need of a temporary guardian. The Petitioner(s) has/have the following relationship with the

minor: .

3.

The minor’s mother, , (initial all that apply)

a. is not a natural guardian of the minor because her parental rights have been

terminated or she has surrendered them;

b. has sole legal custody of the minor;

c. has joint legal custody of the minor;

d. has selected petitioner(s) to serve as temporary guardian(s) (see attached

notarized acknowledgment and consent );

e. is deceased, and a copy of her death certificate is attached as exhibit “B;”

f. has not consented to the creation of the temporary guardianship and her (current

physical address county of residence is

,

located in County) (current address is

unknown).

Effective 8/10 -1- GPCSF 28 Petitioner

———————– Page 3———————–

4.

(initial either a., b or c:)

a. The minor was born during a marriage. The father of the minor,

, (initial all that apply)

(i) is not a natural guardian of the minor because his parental rights have

been terminated or he has surrendered them;

(ii) has sole legal custody of the minor;

(iii) has joint legal custody of the minor;

(iv) has selected petitioner to serve as temporary guardian (see attached

notarized acknowledgment and consent);

(v) is deceased, and a copy of his death certificate is attached as exhibit “C;”

(vi) has not consented to the creation of the temporary guardianship and his

(current physical address is

, located in

County) (current address is unknown).

b. The minor was born out of wedlock. The biological father of the minor,

, has not legitimated the minor.

c. The minor was born out of wedlock AND the father of the minor legitimated the

minor. The father of the minor, ,

(initial all that apply)

(i) is not a natural guardian of the minor because his parental rights have

been terminated or he has surrendered them;

(ii) has sole legal custody of the minor;

(iii) has joint legal custody of the minor;

(iv) has selected petitioner to serve as temporary guardian (see attached

notarized acknowledgment and consent);

(v) is deceased, and a copy of his death certificate is attached as exhibit “C;”

(vi) has not consented to the creation of the temporary guardianship and his

(current physical address is

, located

in County) (current address is

unknown).

5.

(initial if applicable)

a. The minor, being over fourteen years of age, has selected the petitioner(s) to act

as temporary guardian(s) as shown by the attached selection.

6.

NOTE: complete the following unless both parents have signed the attached notarized acknowledgment and consent:

The temporary guardianship is needed because

.

Effective 8/10 -2- GPCSF 28 Petitioner

———————– Page 4———————–

7.

Additional Data: Where full particulars are lacking, state here the reasons for any such omission.

Also, state here all pertinent facts which may govern the method of giving notice to any party and which

may determine whether or not a guardian ad litem should be appointed for any party.

WHEREFORE, petitioner(s) pray(s) that

1. service be perfected as provided by law and

2. petitioner(s) be appointed temporary guardian(s) of the minor named above.

Signature of first petitioner Signature of second petitioner, if any

Printed Name Printed Name

Address Address

Telephone Number Telephone Number

Signature of Attorney:

Typed/printed name of Attorney:

Address:

Telephone: State Bar #

VERIFICATION

GEORGIA, COUNTY

Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set

forth in the foregoing petition are true.

Sworn to and subscribed before

me this day of , 20 .

First Petitioner

NOTARY/CLERK OF PROBATE COURT Printed Name

My Commission Expires

—————————————————————————————————————————-

Sworn to and subscribed before

me this day of , 20 .

Second Petitioner, if any

NOTARY/CLERK OF PROBATE COURT Printed Name

My Commission Expires

Effective 8/10 -3- GPCSF 28 Petitioner

———————– Page 5———————–

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ) ESTATE NO.

)

, ) PETITION FOR TEMPORARY LETTERS

MINOR ) OF GUARDIANSHIP OF MINOR

SELECTION BY MINOR IF AGED 14 OR OLDER

I, the undersigned minor resident of County

select to be appointed temporary

guardian(s) of my person, this day of , 20 .

Signature of Minor

Printed Name

Effective 8/10 -4- GCSF 28 Petitioer

———————– Page 6———————–

ACKNOWLEDGMENT AND CONSENT TO CREATION OF TEMPORARY GUARDIANSHIP

AND APPOINTMENT OF INDIVIDUAL(S) AS TEMPORARY GUARDIAN(S)

IN RE: ESTATE OF ESTATE NO.

I/We, , the mother/father of

, minor, do hereby consent

to the creation of a temporary guardianship and the appointment of (list all parties to whom you wish to grant

temporary guardianship)

, and also acknowledge service of the petition for appointment of a temporary guardian

for said minor, and waive any and all further service and notice concerning said petition.

I/We further understand that pursuant to O.C.G.A. §29-2-8(b), upon application by a natural guardian

(as defined in said statute; see Instructions) , the court will remove the temporary guardian and dissolve the

temporary guardianship unless an objection is timely filed by the temporary guardian. If an objection is

timely filed to such an application, the juvenile court or the probate court shall determine, after notice and

hearing, whether a continuation or dissolution of the temporary guardianship is in the best interest of the

minor. I/We understand that nothing herein, including any optional assumption by the guardian of the

obligation to support the minor to the extent that no other sources of support are available, affects my/our

legal obligation to support and maintain said minor.

Mother

Sworn to and subscribed before

me this day of , 20 .

Printed Name

Notary Public/Clerk, Probate Court Address

My Commission Expires

Telephone Number

————————————————————————————————————————————

Father

Sworn to and subscribed before

me this day of , 20 .

Printed Name

Notary Public/Clerk, Probate Court Address

My Commission Expires

Telephone Number

Effective 8/10 -5- GCSF 28 Petitioer

———————– Page 7———————–

ASSUMPTION OF OBLIGATION TO SUPPORT (OPTIONAL)

IN RE: ESTATE OF ESTATE NO.

The undersigned, if appointed temporary guardian(s) of ,

minor, assume(s) the obligation to support the minor while the guardianship is in effect to the extent that no

other sources of support are available.

Sworn to and subscribed before

me this day of , 20 .

Petitioner

Clerk, Probate Court/Notary Public Printed Name

My Commission Expires

——————————————————————————————————————————-

Sworn to and subscribed before

me this day of , 20 .

Co-Petitioner

Clerk, Probate Court/Notary Public Printed Name

My Commission Expires

Effective 8/10 -6- GCSF 28 Petitioer

———————– Page 8———————–

GEORGIA PROBATE COURT

STANDARD FORM

Petition for Temporary Letters of Guardianship of Minor

Pages after 6 which are labeled “Court” are to be completed by the moving party, unless otherwise directed

by the court.

NOTICE:

THE FOLLOWING PAGES ARE TO BE

COMPLETED BY THE PETITIONER (MOVING

PARTY) UNLESS OTHERWISE DIRECTED BY THE

COURT. SEE PROBATE COURT RULE 5.6 (A).

Effective 8/10 GPCSF 28 Court

———————– Page 9———————–

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ) ESTATE NO.

)

, )

)

, ) PETITION FOR TEMPORARY LETTERS

MINOR ) OF GUARDIANSHIP OF MINOR

ORDER FOR SERVICE

a. It appearing that the mother of the minor named in the petition has not acknowledged and

consented to the Petition and that (initial):

(i) she resides at a known address in the State of Georgia, she must therefore be served

by personal service.

(ii) she resides at a known address outside the State of Georgia, she must therefore be

served by first class mail.

(iii) her current address is unknown, she must therefore be served by publication once

a week for two weeks.

b. It appearing that the father of the minor named in the petition has not acknowledged and

consented to the Petition and that (initial):

(i) he resides at a known address in the State of Georgia, he must therefore be served

by personal service.

(ii) he resides at a known address outside the State of Georgia, he must therefore be

served by first class mail.

(iii) his current address is unknown, he must therefore be served by publication once a

week for two weeks.

THEREFORE, IT IS ORDERED that citation issue and be served as indicated above and in

accordance with law.

SO ORDERED this day of , 20 .

Probate Judge

Effective 8/10 GPCSF 28 Court

———————– Page 10———————–

CITATION

GEORGIA, COUNTY ESTATE NO.

IN RE: PETITION OF

FOR TEMPORARY LETTERS OF GUARDIANSHIP

ESTATE OF , MINOR

DATE OF MAILING, IF ANY

DATE OF SECOND PUBLICATION, IF ANY

TO:

You are hereby notified that a petition for the appointment of a temporary guardian has been filed

regarding the above-named minor. All objections to the Petition described above either to the appointment

of a temporary guardian or the appointment of the petitioner(s) as temporary guardian(s), must be in writing,

setting forth the grounds of any such objections, and must be filed with this Court no later than 14 days after

this notice is mailed, or 10 days after this notice is personally served upon you, or ten days after the second

publication of this notice if you are served by publication. All pleadings must be signed before a notary

public or Georgia probate court clerk, and filing fees must be tendered with your pleadings, unless you

qualify to file as an indigent party. Contact probate court personnel at the below address/telephone number

for the required amount of filing fees.

*** NOTE: If a natural guardian files an objection to the creation of the temporary guardianship, the

Petition will be dismissed. If a natural guardian files an objection to the appointment of the petitioner(s) as

guardian(s), or if a parent who is not a natural guardian files an objection to the petition, a hearing on the

matter (shall be held on at .m. in the Probate Court of

____________________________County, courtroom , (address)

, Georgia) (shall be scheduled at a later date).

PROBATE JUDGE

By:

PROBATE CLERK/DEPUTY CLERK

ADDRESS

TELEPHONE

Effective 8/10 GPCSF 28 Court

———————– Page 11———————–

CERTIFICATE OF MAILING

I do hereby certify that I have this day mailed a copy of the above citation, petition and order for

service to each party to whom the citation is directed who resides outside the State of Georgia at a known

current address, in a properly addressed and stamped envelope, by first class mail.

DATE PROBATE CLERK/DEPUTY CLERK

Effective 8/10 GPCSF 28 Court

———————– Page 12———————–

GEORGIA PROBATE COURT

STANDARD FORM

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF ) ESTATE NO.

)

, ) PETITION FOR TEMPORARY LETTERS

) OF GUARDIANSHIP OF MINOR

, )

MINOR )

)

, )

TEMPORARY GUARDIAN(S) )

ORDER

Upon reading and considering the foregoing petition (and selection) and it appearing that each

parent has acknowledged and consented to the Petition or been properly served with notice of this

proceeding, and no objection having been filed,

IT IS ORDERED that the petitioner(s) be, and hereby is/are, appointed temporary guardian(s) of

the above minor, and that temporary letters of guardianship issue to said petitioner(s) upon taking the oath

as required by law.

(Initial if applicable:)

IT IS FURTHER ORDERED that the temporary guardian(s) shall file a personal status

report with the Court sixty (60) days from the date of this Order and on the anniversary date of this Order

each year thereafter.

IT IS FURTHER ORDERED that this guardianship shall be deemed to be a permanent

guardianship for the purposes of the guardian’s(s’) obtaining medical insurance coverage for the minor

because the guardian(s) has/have assumed in writing the obligation to support the minor while the

guardianship is in effect to the extent that no other sources of support are available.

SO ORDERED this day of , 20 .

Probate Judge

Effective 8/10 GPCSF 28 Court

———————– Page 13———————–

GEORGIA PROBATE COURT

STANDARD FORM

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF ) ESTATE NO.

)

, ) PETITION FOR TEMPORARY LETTERS

MINOR ) OF GUARDIANSHIP OF MINOR

)

)

, )

TEMPORARY GUARDIAN(S) )

OATH

I/We do solemnly swear (or affirm) that I/we will well and truly perform the duties required of me/us

as temporary guardian(s) of the minor named above.

Sworn to and subscribed before

me this day of , 20 .

Temporary Guardian

JUDGE /CLERK OF PROBATE COURT Printed Name

—————————————————————————————————————————–

Sworn to and subscribed before

me this day of , 20 .

Co-Temporary Guardian, if any

JUDGE /CLERK OF PROBATE COURT Printed Name

Effective 8/10 GPCSF 28 Court

———————– Page 14———————–

GEORGIA PROBATE COURT

STANDARD FORM

STATE OF GEORGIA

COUNTY OF ESTATE NO.

TEMPORARY LETTERS OF GUARDIANSHIP OF MINOR

From the Judge of the Probate Court of said County.

TO: , Guardian(s)

RE: , Minor

The above-named minor has been found by this Court to be in need of a guardian, and this Court has entered

an order appointing you as such guardian. You have assented to this appointment by taking your oath. In

general, your duties as guardian are to protect and maintain the person of the minor.

Special Instructions:

1. It is your duty to see that the minor is adequately fed, clothed, sheltered, educated and cared for, and

that the minor receives all necessary medical attention.

2. You must keep the Court informed of any change in your name or address.

3. You should inform the Court of any change of location of the minor.

4. If the Order appointing you requires, you must file an annual Personal Status Report concerning the

minor.

5. Please consult your attorney if you have any questions. Your authority to act pursuant to these

Letters is subject to applicable statutes and to any special orders entered in this case.

(initial if applicable)

If initialed, the guardianship shall be deemed a permanent guardianship for the purposes of

the guardian’s(s’) obtaining medical insurance coverage for the minor.

Given under my hand and official seal, the day of , 20 .

Probate Judge

NOTE: The following must be signed if the judge does not

sign the original of this document:

Issued by:

(Seal)

PROBATE CLERK/DEPUTY CLERK

Effective 8/10 GPCSF 28 Court


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