Petition For Letters Of Permanent Guardianship Of Minor {GPCSF 29}

GEORGIA PROBATE COURT STANDARD FORM Petition for Letters of Permanent Guardianship of Minor INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for Letters of Guardianship of a minor by a person, pursuant to O.C.G.A. §29-2-14 when the minor has no natural guardian, testamentary guardian, or permanent guardian. The minor's biological father (father of a minor born out of wedlock who has not legitimated the minor and whose rights regarding the minor have not been surrendered or terminated) is entitled to notice of the filing of the petition and is entitled to object to the Petition and request a continuance in order to legitimate the minor. If he objects, then legitimates the minor, the Petition will be dismissed. If he fails to legitimate the minor, the biological father will have no further rights to receive notice or object to the Petition. O.C.G.A. §29-2-15. The petition should be filed in the county in which a minor is found or in which the proposed permanent guardian is domiciled. In its discretion, the probate court in which the petition is filed may transfer the case to another county in this state, if such transfer would serve the best interest of the minor. The court may require the petitioner to submit additional information concerning the petitioner's qualifications to serve as guardian, in addition to the information required on this standard form. As used in this form, a testamentary guardian is an individual named in a deceased parent's will. A nominated guardian is an individual nominated by a minor's parent to serve as guardian of the minor. A natural guardian, defined pursuant to O.C.G.A. §29-2-3, is each parent, unless the parents are divorced and one parent has sole custody of the minor, in which case the sole custodian is the sole natural guardian. If the parents have joint legal custody, both parents are the natural guardians of the minor. According to Probate Court Rule 5.6 (A), unless the court specifically assumes the responsibility; it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. Pages after 7 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court. 2. 3. 4. 5. 6. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 8/10 -1- GPCSF 29 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ) ) ,) ) ESTATE NO. COUNTY MINOR PETITION FOR PERMANENT LETTERS OF GUARDIANSHIP OF MINOR TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of County, who is domiciled at , County, (state) , whose mailing address is , shows: , a resident of 1. The minor, County and found in County, whose age is (initial if applicable) The minor is a citizen of a foreign country, (if a guardianship or conservatorship is granted, pursuant to The Vienna Convention, the Probate Court must notify the consul). 2. Attached hereto as Exhibit "A" is a copy of the minor's birth certificate. , date of birth is . is domiciled in 3. (initial if applicable) a. The minor, being over fourteen years of age, has selected the petitioner(s) to act as guardian(s) as shown by the attached selection. 4. Said minor has no natural guardian, testamentary guardian, or permanent guardian. Effective 8/10 -1- GPCSF 29 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 5. The Petitioner(s) is/are related to the minor as follows: The Petitioner(s) is/are the minor's: . 6. The mother of said minor, a. ,(initial selection): has had her parental rights terminated by court order, a copy of which is attached as exhibit "B," and is domiciled at b. is deceased, and a copy of her death certificate is attached as exhibit "B." 7. (initial and complete either a. or b.) a. The minor was born during a marriage. The father of the minor, , (initial selection): (i) has had his parental rights terminated by court order, a copy of which is attached as exhibit "C," and is domiciled at: (ii) is deceased, and a copy of his death certificate is attached as exhibit "C." b. The minor was born out of wedlock. The biological father of the minor is and his address is: and he (initial all applicable) (i) (ii) (iii) (iv) has had his parental rights terminated by Court order, a copy of which is attached as exhibit "C." has not legitimated the minor. is deceased. is a registrant on the putative father registry who has acknowledged paternity; has indicated possible paternity of the minor's sibling born two years prior to this minor's date of birth; or has lived with the minor, contributed to the minor's support, made an attempt to legitimate the minor, or provided support or medical care for the minor's mother during her pregnancy or hospitalization during delivery. Effective 8/10 -2- GPCSF 29 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 8. (initial if applicable) There is a notarized or witnessed document, attached as exhibit " ," executed by a parent of the minor which addresses guardianship of the minor. That document nominates , whose address is County, as guardian. 9. Regarding a conservator appointed for the minor (initial all that apply): a. b. No conservator has been appointed for the minor. There has been a conservator appointed for the minor, being whose address is c. There is a Petition for Conservatorship of the minor pending before the County Probate Court. 10. The minor has (initial relevant paragraph): a. Name the following adult siblings (list up to three) Address Telephone No. b. Name if no adult siblings, the following grandparents (list up to three) Address Telephone No. c. if no adult siblings or grandparents, the following three nearest adult relatives of the minor: Name Address Telephone No. Effective 8/10 -3- GPCSF 29 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 11. The minor is entitled to personal property with a value of with a value of by reason of and real property . The following per month. reasonable sums of property are needed for the minor's support: $ 12. The Petitioner(s) (initial a. or b.) a. is/are seeking expanded powers under O.C.G.A. §29-2-22, and therefore moves the Court to appoint a guardian ad litem for the minor and set a hearing on the matter. b. is/are not seeking expanded powers under O.C.G.A. §29-2-22. 13. If ther