How Can Parents Consent to Allow a Child to Live with a Relative in Georgia?
Full Question:
Answer:
The answer depends on when you take custody and for how long. If you seek permanent custody, it may be necessary to terminate parental rights and adopt the child, as permanent guardianship only applies when there is no natural guardian.
Please see the following GA statutes to determine applicability
29-2-4. (a) Every parent, by will, may nominate a testamentary guardian
for. . . .
(a) Every parent, by will, may nominate a testamentary guardian for
the parent's minor child.
(b) Unless the minor has another living parent, upon probate of the
parent's will, letters of guardianship shall be issued to the individual
nominated in the will who shall serve as testamentary guardian without
notice or hearing provided that the individual is willing to serve.
(c) A testamentary guardian shall not be required to give bond or
security. In all other respects a testamentary guardian shall have the
same rights, powers, and duties as a permanent guardian appointed by
the court.
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.
29-2-8. (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.
29-2-10. (a) A designating individual may designate an individual to
serve. . . .
(a) A designating individual may designate an individual to serve
as standby guardian of a minor upon the health determination being
made.
(b) Upon the health determination being made and without the necessity
of any judicial intervention, the standby guardian shall assume all the
rights, duties, and responsibilities of guardianship of the person of
the minor. Consistent with the designating individual's physical or
mental condition or health, the designating individual may confer with
the standby guardian in decision making concerning the care and welfare
of the minor.
(c) Upon the health determination being made, the standby guardian
shall file with the probate court of the county of domicile of the
minor a notice of the standby guardianship with a copy of the standby
guardianship designation and the health determination attached thereto.
(d) No bond shall be required of a standby guardian.
(e) No proceedings under this part shall relieve any parent, custodial
or noncustodial, of a duty to support the minor under the provisions of
Chapter 6 of Title 19.
29-2-13. (a) Within 120 days of the health determination being made,
the. . . .
(a) Within 120 days of the health determination being made, the
standby guardian shall file with the probate court in the county of
domicile of the minor a petition seeking temporary guardianship of the
minor.
(b) Except as otherwise provided, a standby guardianship shall
automatically terminate 120 days after the making of the health
determination unless the standby guardian has filed a petition for
temporary guardianship of the minor, in which case the standby
guardianship shall remain in effect, unless otherwise revoked, until the
petition is ruled upon.
(c) If the designating individual dies prior to the entering of an
order on a petition for guardianship of the minor, as contemplated by
subsection (a) of this Code section, the standby guardianship shall be
terminated. If the designating individual dies subsequent to the entering
of an order on such a petition, the guardianship created pursuant to that
order shall terminate in favor of any testamentary designation of a
guardian of the minor or, if there is no testamentary designation, to an
order on a petition for guardianship brought thereafter and subject to
Code Section 29-2-17.