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  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Default Court Appointed Guardianship

    The name of the state is Ga
    I have a Superior Court ordered guardianship of my grandson for one year. Both parents agreed. There is half brother,(no relation to us)that was placed with other family members in a temporary guardianship. He lives close to us. The parents live 2 hrs away and are divorced. Mother has custody once the year is completed. She has an incredible amount of debt, can't get housing or utilities on her own because of money owed. She lives in an abusive relationship with a boyfriend, which can be documented through restraining orders, a hospital visit several domestic calls to police and a Sheriff escort when she tried to move out once before. Both boys lived with her at the time, were witness to this and hate the boyfriend. She does not have a car and works sporadically. Also, had a short stay in rehab., she had drug problems. I would like to file in Probate Court for temporary guardianship so that my grandson can stay close to his half brother and continue to attend the same school. I know the mother will not agree. If she does not agree is the motion for guardianship over, or will the court consider more than mother’s protest?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,078

    Default Re: Court Appointed Guardianship

    According to this site:
    Quote Quoting Minor Guardianships
    Under certain circumstances, probate courts have jurisdiction over the appointment and supervision of temporary and permanent guardians for minors. A permanent guardian may be appointed for a minor who has no living parents or, after notice to the parents without objection, when the parents fail to properly care for the minor. Permanent guardianship of a minor, though similar, is not the same as legal custody of a minor, which may be granted only by superior or juvenile courts in Georgia.

    Temporary guardianship may be granted to a person having physical custody of a minor in need of a guardian. The consent of the natural guardian(s) must be given in writing or the natural guardian(s) must be given legal notice of the proceeding. The probate court may not grant temporary guardianship of a minor over the objection of a natural guardian. The natural guardian(s) of a minor is/are the parents, if living, 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. Temporary guardians hold, during the term of the temporary guardianship, all of the powers of a natural guardian, which will include the authority to consent to medical treatment and to enroll the child in school. Temporary guardians may be required to file reports on the personal status and conditions of the minor.

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