Sometimes a situation arises in which a non-parent is placed in the position of having to assume the parental role for a child. This often necessitates a guardianship. Under Georgia law there are 5 types of guardianships for minors. Those types are:
- Natural guardians or parents;
- Testamentary guardians (individuals nominated in a will)
- Temporary guardians;
- Standby guardians (individuals nominated by a parent or current guardian because of a pending health issue); and
- Permanent guardians.
In order to become a legal guardian, a court action must be initiated in the Probate Court where either the person requesting guardianship resides or if that person lives outside the state, in the county where the minor resides. In addition, only the person with physical custody of the minor child may file a Petition for Guardianship. Please note that if a child’s natural guardian or parent does not consent to the guardianship then the Probate Court must dismiss the Petition and no guardianship will be created.
If a situation arises in which it is believed that a parent is unable to properly care for a child but the parent will not consent to a guardianship, then filing an action in Juvenile Court to obtain custody of the child may be appropriate. Our attorneys can help you decide which option is best and can help you navigate the complexities of the legal system.
If you find yourself needing to talk to one of our experienced family law attorneys, serving Canton, Cherokee County and the surrounding north Georgia area, contact Thompson, Meier & King today to setup an appointment