REGARDING TEMPORARY GUARDIANSHIP OF MINOR
Completed petitions are accepted Monday through Friday from 8:00 A.M. to 11:00 A.M. and again from 2:00 P.M. to 3:30 P.M. on a first come, first served basis.
If you have a child in your physical custody and you are not that child's parent, you are without authority to enroll the child in school, obtain medical treatment for the child or otherwise control the child without first becoming the legally qualified Temporary Guardian through the Probate Court of your county of residence. (Alternately, you may contact the Juvenile Court of Clayton County about becoming the legal CUSTODIAN of the child.)
If you wish to become Temporary Guardian, you must comply with every legal requirement, including notice to both parents of the child. The following must be provided at the time of filing:
- If either is deceased, you must furnish the death certificate or other proof of death.
- If the parents are divorced, you must furnish a certified copy of the final divorce decree and the costody arrangement between the parents.
- Probate Court will not appoint a guardian of a minor without the consent of at least one parent. If at least one parent does not provide a consent form, you need to proceed to Juvenile Court. If there whereabouts of both parents are unknown, you need to proceed to Juvenile Court.
- You must furnish a certified copy of child's birth certificate. Copies will not be accepted.
- You must furnish a copy of your photo ID, i.e. your driver's license or State issued identification card. If your photo ID does not show that you are a resident of Clayton County, proof of residency must also be provided. Sufficient documentation includes a recent copy of a utility bill or recent vehicle registration.
- Court costs must be paid at the time you file a petition. These costs are set by the Georgia Legislature, not the Court. The clerk will inform you of costs, which vary, depending on the method of service to parents.
If you have any questions about the proceedings, please contact an attorney. Clerks of the Court can furnish forms or they may be obtained from the website www.gaprobate.org
however, clerks do not have the authority to explain the law to you. This is a Court of Law, not a social service agency.