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How to Get Legal Guardianship of a Child in Georgia

Title: How to Get Legal Guardianship of a Child in Georgia


Legal guardianship allows individuals to take care of and make important decisions on behalf of a child when their parents are unable or unwilling to do so. In Georgia, acquiring legal guardianship requires a series of steps and adherence to specific legal processes. This article aims to provide a comprehensive guide on how to obtain legal guardianship of a child in Georgia, covering the necessary requirements, procedures, and common questions surrounding this important legal responsibility.

Understanding Legal Guardianship in Georgia

Legal guardianship grants an individual the authority to make important decisions regarding a child’s healthcare, education, and general welfare. In Georgia, guardianship is typically sought when the child’s parents are unable to provide appropriate care due to various reasons, such as death, incarceration, or substance abuse. It is important to note that guardianship does not terminate the parental rights of the child’s parents, but rather provides an alternative arrangement for the child’s well-being.

Steps to Obtain Legal Guardianship

1. Determine eligibility: To be eligible for legal guardianship in Georgia, you must be at least 18 years old, of sound mind, and not have any legal restrictions that would disqualify you as a guardian.

2. File a petition: The first step in the legal guardianship process is to file a petition with the Probate Court in the county where the child resides. The petition should include the child’s name, date of birth, and reasons for seeking guardianship. It is advisable to seek legal counsel during this stage to ensure all necessary documentation is included.

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3. Serve notice: Once the petition is filed, you must serve notice to the child’s parents and any other interested parties, such as relatives or agencies involved in the child’s welfare. This is typically done through certified mail or personal service, providing them an opportunity to contest the guardianship if they wish to do so.

4. Background check and home study: The court may require a background check and a home study to evaluate your suitability as a guardian. This process ensures that the child will be placed in a safe and stable environment. It involves a social worker visiting your home, conducting interviews, and assessing your ability to care for the child.

5. Attend the court hearing: After completing the necessary paperwork and investigations, a court hearing will be scheduled. During the hearing, you must present evidence supporting your suitability as a guardian, such as financial stability, emotional well-being, and a plan to provide for the child’s needs. The judge will review the information and make a decision based on the child’s best interests.

6. Obtain letters of guardianship: If the court approves your guardianship petition, you will be issued letters of guardianship, granting you the legal authority to act on behalf of the child. These letters may be required to enroll the child in school, provide medical consent, or access government benefits.


Q1. Can I become a legal guardian if the child’s parents are still alive?
A1. Yes, legal guardianship can be established even if the child’s parents are alive. However, the parents must consent to the guardianship, or the court must determine that they are unfit or unable to care for the child.

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Q2. How long does the guardianship process usually take in Georgia?
A2. The timeline for obtaining legal guardianship may vary depending on the complexity of the case and the court’s availability. On average, the process can take several months to complete.

Q3. Can legal guardianship be revoked?
A3. Yes, legal guardianship can be revoked if the court finds that it is no longer in the child’s best interests or if circumstances change, such as the parents becoming able to resume their parental responsibilities.

Q4. Can a non-relative become a legal guardian in Georgia?
A4. Yes, non-relatives can become legal guardians in Georgia. However, the court will carefully consider the individual’s relationship with the child, their ability to provide a stable environment, and the child’s best interests.

Q5. What are the responsibilities of a legal guardian in Georgia?
A5. A legal guardian in Georgia is responsible for providing the child with food, shelter, education, healthcare, and emotional support. They must act in the child’s best interests and make decisions that promote their overall well-being.


Obtaining legal guardianship of a child in Georgia involves a series of steps and adherence to specific legal procedures. It is essential to follow these guidelines to ensure a smooth and successful guardianship process. By understanding the requirements, filing a petition, and presenting evidence of your suitability as a guardian, you can provide a safe and nurturing environment for the child in your care. Seeking legal advice throughout the process is highly recommended to navigate any complexities and ensure the child’s best interests are upheld.

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