Is there a way my older brother can gain custody since my parents are physically abusive?
Full Question:
When I was 6 years old my parents got arrested for a felony and my grandparents got full custody of me. After they were released, my brother and I were sent back to live with them After about three years they got custody back. Now at the age of sixteen they both have become extremely abusive an alcoholics. About two weeks ago we had gotten into a fight and my dad ended up punching me in the face, so I went to stay at a friend's house for about two weeks. Seeing how much happier I was my brother insisted on gaining custody but everyone kept telling us to go back and work it out so we did. Everything was alright, they were still drinking but they weren't picking fights and what not. After only a week and a half back my mom had an 'episode' and ended up punching my 22 year old brother in the chest and me several times in the back. She told us to get out and as we were leaving she said she was going to report me as a runaway. My brother went back in and said that this wasn't healthy for me and that he was going to get custody of me. Seeing as she didn't refuse we left. The only problem is I'm not currently in school, but am planning on either taking G.E.D classes or going to military school. Is their any way seeing the situation that I could still get emancipated or my brother gain custody? Or would they just put me in foster care?
12/07/2007 |
Category: Guardianship |
State: Georgia |
#13510
Answer:
The following are Georgia statutes regarding guardianship of a minor:
29-2-2. (a) Only an individual may serve as guardian of a minor.
(a) Only an individual may serve as guardian of a minor.
(b) No individual may be appointed as guardian of a minor who:
(1) Is a minor, a ward, or a protected person; or
(2) Has a conflict of interest with the minor unless the court
determines that the conflict of interest is insubstantial or that the
appointment would be in the minor's best interest.
29-2-5. (a) A petition to be appointed the temporary guardian of a
minor....
(a) A petition to be appointed the temporary guardian of a minor
may be filed by an individual who has physical custody of the minor.
(b) The petition shall be filed in the probate court of the county of
domicile of the petitioner; however, if the petitioner is not a
domiciliary of this state, the petition may be filed in the probate court
of the county where the minor is found.
(c) A petition for the appointment of a temporary guardian shall
include the following:
(1) The name, address, and date of birth of the minor;
(2) The name and address of the petitioner and the petitioner's
relationship to the minor, if any;
(3) A statement that the petitioner has physical custody of the minor
and:
(A) Is domiciled in the county in which the petition is being filed; or
(B) Is not a domiciliary of this state and the petition is being filed
in the county where the minor is found;
(4) The name, address, and county of domicile of any living parent of
the minor and a statement of whether one or both of the parents is the
minor's natural guardian;
(5) A statement of whether one or both of the parents have consented in
a notarized writing to the appointment of the petitioner as temporary
guardian and, if so, that the consents are attached to the petition;
(6) If the sole parent or both parents have not consented to the
appointment of the temporary guardian, a statement of the circumstances
that give rise to the need for the appointment of a temporary guardian;
and
(7) The reason for any omission in the petition for temporary
guardianship in the event full particulars are lacking.
29-2-6. (a) Except as otherwise provided in subsection (f) of this Code....
(a) Except as otherwise provided in subsection (f) of this Code
section, if the sole parent or both parents of the minor have consented
to the appointment of the temporary guardian, as evidenced by notarized
written consents attached to the petition, the court shall grant the
petition without further notice or hearing and shall issue letters of
guardianship to the petitioner.
(b)
(1) If one or both of the parents of the minor have not consented to
the appointment of the temporary guardian, notice of the petition shall
be given to any parent who has not consented.
(2) The notice shall be by personal service if the parent resides in
this state at a known address; by first-class mail if the parent
resides outside this state at a known address; or by publication for
two weeks in the official county legal organ for the county in which
the petition is filed if no address is known.
(3) The notice shall state that the parent is entitled to object either
to the establishment of a temporary guardianship or to the selection of
the petitioner as temporary guardian, or both.
(4) The notice shall require that any objection be filed in writing
with the court within ten days of the personal service, within 14 days
of the mailing of the notice, or within ten days of the date of the
second publication of the notice.
(c) Except as otherwise provided in subsection (f) of this Code
section, if no parent who is entitled to notice under subsection (b) of
this Code section files a timely objection to the petition, the court
shall grant the petition without further notice or hearing and shall
issue letters of guardianship to the petitioner.
(d) If a natural guardian of the minor files a timely objection to the
establishment of the temporary guardianship, the court shall dismiss
the petition. If a natural guardian files a timely objection to the
selection of the petitioner as temporary guardian, the court shall hold
a hearing to determine who shall serve as temporary guardian.
(e) If a parent who is not a natural guardian files a timely objection
to the establishment of the temporary guardianship or to the selection
of the petitioner as temporary guardian, the court shall hold a hearing
to determine all matters at issue.
(f) In all hearings held pursuant to this Code section, the standard
for determination for all matters at issue shall be the best interest
of the minor. As to the selection of the temporary guardian, the
preference of the minor may be heard. In all proceedings under this
Code section, the court has the option to refer the petition to the
juvenile court which shall, after notice and hearing, determine whether
the temporary guardianship is in the best interest of the minor.
29-2-7. (a) Except as otherwise provided by law, a temporary guardian
shall....
(a) Except as otherwise provided by law, a temporary guardian shall be
entitled to exercise any of the powers of a natural guardian. The court
in its discretion may waive the requirement that a temporary guardian
file the personal status reports that are required by paragraph (8) of
subsection (b) of Code Section 29-2-21.
(b) If a temporary guardian, in writing, assumes the obligation to
support the minor while the temporary guardianship is in effect, to the
extent that no other sources of support are available, then for purposes
of obtaining medical insurance coverage for the minor the temporary
guardianship shall be deemed to be a permanent guardianship.
29-2-8. (a) A temporary guardianship shall terminate on the date upon
which....
(a) A temporary guardianship shall terminate on the date upon which the
earliest of the following occurs: the minor reaches age 18, the minor is
adopted, the minor is emancipated, the minor dies, the temporary guardian
dies, letters of guardianship are issued to a permanent or testamentary
guardian, or a court order terminating the temporary guardianship is
entered. Proof of adoption, death, or emancipation shall be filed with
the court and the court may order a hearing in an appropriate case.
(b) Either natural guardian of the minor may at any time petition the
court to terminate a temporary guardianship; provided, however, that
notice of such petition shall be provided to the temporary guardian. If
no objection to the termination is filed by the temporary guardian
within ten days of the notice, the court shall order the termination of
the temporary guardianship. If the temporary guardian objects to the
termination of the temporary guardianship within ten days of the
notice, the court shall have the option to hear the objection or
transfer the records relating to the temporary guardianship to the
juvenile court, which shall determine, after notice and hearing,
whether a continuation or termination of the temporary guardianship is
in the best interest of the minor.
