Petition For Temporary Letters Of Guardianship Of Minor {GPCSF 28}

PETITION FOR TEMPORARY LETTERS OF GUARDIANSHIP OF MINOR INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for Temporary Letters of Guardianship of a Minor pursuant to O.C.G.A. § 29-2-5. 2. Notice of the Petition must be given to the "parents" of the Minor. If an objection to the establishment of the temporary guardianship is filed by a parent who is also a "natural guardian," the Court will dismiss the Petition without a hearing. If a parent who is not a natural guardian objects, a hearing on the matter will be scheduled. A "parent" is defined as the biological or adoptive father or mother whose parental rights have not been surrendered or terminated. However, in the case of a child born out of wedlock, the Father shall be considered a "parent" only if he has legitimated the Minor. A father of a child born out of wedlock has legitimated the Minor if he married the Mother after the child's birth or obtained an order of legitimation from a court of competent jurisdiction. A "natural guardian" is defined as each parent, unless the parents are divorced. If one parent has sole legal custody, that parent is the sole "natural guardian." If both parents have joint legal custody, then both parents are the "natural guardians." 3. Although a mother or father may not be a "legal parent," the Court may require service on such person. 4. A temporary guardianship will be deemed to be a permanent guardianship for the purposes of obtaining medical insurance coverage for the Minor if the guardian assumes in writing the obligation to support the Minor while the guardianship is in effect to the extent that no other sources of support are available. 5. Unless otherwise permitted by the Probate Court in which the Petition is filed, a separate Petition must be filed for each minor. Contact the Probate Court in which the Petition will be filed for its policy. If the filing of one Petition for more than one minor is permitted by the Probate Court, modify the Petition accordingly. 6. According to Uniform 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. All pages after the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party, unless otherwise directed by the Court. GPCSF 28 [1] Eff. July 2015 American LegalNet, Inc. www.FormsWorkFlow.com 7. O.C.G.A. § 53-11-2 provides that a party to a probate proceeding who is not sui juris must be represented by a guardian provided that the Court may appoint a guardian ad litem or determine that the natural guardian, guardian, conservator or testamentary guardian has no conflict and may serve. Should a guardian ad litem be necessary because a party is not sui juris, use Supplement 1. 8. Use Supplement 2 if the Court determines it is necessary to appoint a special process server. 9. Use Supplement 3 when an additional certificate of service is necessary. 10. Exhibits should be labeled at the bottom of each exhibit as Exhibit "A," Exhibit "B," etc. in consecutive order. The corresponding letter of each said exhibit should be inserted into the appropriate place in the form. 11. An oath must be administered by a Probate Judge or Clerk [the oath cannot be administered by a notary]. Use Probate Court Standard Form 35 for the oath. The oath is not included in this form. II. General Instructions General instructions applicable to all Georgia Probate Court Standard Forms are available in each Probate Court, labeled GPCSF 1. GPCSF 28 [2] Eff. July 2015 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT COUNTY OF _______________________ STATE OF GEORGIA IN RE: ESTATE OF __________________________________, MINOR ) ) ) ) ESTATE NO. _____________ PETITION FOR TEMPORARY GUARDIANSHIP OF A MINOR The Petition of: _____________________________________________________________________________, [Full name of Petitioner(s)] First Middle Last who is/are domiciled in ________________ County and reside(s) at the following address(es): _____________________________________________________________________________, Street City County State Zip Code who has/have actual physical custody of the Minor named above, and whose mailing address(es) is/are ________________________________________________________________________, Street City County State Zip Code show(s): 1. _______________________________________________________________________, [Full name of Minor] First Middle Last age _____, whose date of birth is ___________, is found at: _____________________________ _____________________________________________________________________________. Street City County State Zip Code 2. A copy of the Minor's birth certificate is attached as Exhibit "____." 3. Said Minor is in need of a temporary guardian. The Petitioner(s) has/have the following relationship(s) with the Minor: ____________________________________________________. GPCSF 28 [1] Eff. July 2015 American LegalNet, Inc. www.FormsWorkFlow.com 4. The Minor's Mother is: _____________________________________________________________________________, [Full name of Mother] First Middle Last _____________________________________________________________________________, Street City County State Zip Code a. Is the Mother deceased? If yes, attach death certificate as Exhibit "____" and skip b-g. [Circle One] (Yes) (No) b. Has the Mother signed an acknowledgement for the [Circle One] (Yes) (No) creation of this temporary guardianship? If yes, attach Acknowledgement as Exhibit "____." c. Is the Mother's address known and listed above? d. Have the Mother's rights been terminated via Court Order? If yes, attach the Order as Exhibit "____." e. Has the Mother lost custody via Court Order? If yes, attach the Order as Exhibit "____." f. Does the Mother have joint legal custody via Court Order? If yes, attach the Order as Exhibit "____." g. Does the Mother have sole legal custody via Court Order? If yes, attach the Order as Exhibit "____." h. Was the Mother married to the Father of the child during or after the conception of the Child? i. Was the Mother married to another during the conception, gestation or birth of the Child? If yes, list that man's name below: [Circle One] (Yes) (No) [Circle One] (Yes) (No) [Circle One] (Yes) (No) [Circle One] (Yes) (No) [Circle One] (Yes) (No) [Circle One] (Yes) (No