Temporary Guardianships of Minors

Either the proposed guardian or a parent of the child for whom a guardianship is sought may pick up a Petition for Temporary Letters of Guardianship of Person of Minor from our office. This Georgia Probate Court Standard Form is also available at the official statewide Probate Court web site, www.gaprobate.org. The petition available at our office has other, non-standard forms that will also need to be filled out, including a Consent Form for a criminal background check.

The petitioner(s) and anyone over 18 years old who is living in the same household where the child will be living must fill out and sign a consent form allowing the Probate Court to receive information concerning their criminal records. The signed, notarized consent form(s) should be taken to the Clarke County Sheriff's Department to have the criminal record check(s) done before the application for guardianship is filed. The fee is $20.00 for each person's criminal record check. The Sheriff's Department is located on the first floor of the Clarke County Courthouse.

The person filing the petition should neatly complete pages 1 through 4 of the petition, before filing the petition with the Court. Make sure the blanks on page five, the Relinquishment of Parental Rights form, are filled in properly BEFORE the parents sign this page. By signing this page, the parents are giving their parental rights to the proposed temporary guardian. Where indicated, the petition must be signed in the presence of a notary public or a Probate Court clerk and the appropriate seal affixed. Proper identification of the person(s) signing the document must be provided.

If both parents have signed the relinquishment form, in most cases the final order will be granted and Temporary Letters of Guardianship will be issued within a week of filing the petition.

If one of the parent's rights have been terminated by a higher court, a copy of that order must be filed with us. The parent whose rights were terminated need not sign the relinquishment form or be served in any other way. This does not mean a parent who was given full custody - it means total termination of parental rights.

Please note: the biological father of any child, including those born out of wedlock, and even in instances where said father's name is not listed in the birth certificate, must be notified of the filing of a petition for temporary guardianship.

If a parent who does not sign the relinquishment form has a current or last known address, that parent must either be served personally by a Sheriff's Deputy or by certified mail, depending on the situation. Additional fees will apply.

If either parent does not, will not, or cannot sign the "Relinquishment Form", and the petitioner knows of no current or last known address for that parent, a citation must be published in the county legal organ (The Athens Banner Herald), stating that a petition for guardianship of the child/children has been filed in the Probate Court. The missing parent or other interested party is given a certain date and time by which any objection to guardianship must be filed.

When such notice by publication is required, a fee of $40.00 for the legal ad must be paid to the newspaper. Once the ad has run, if your petition is approved, the final order will be signed by the Judge and an appointment scheduled for you to take your oath and have Temporary Letters of Guardianship issued to you.

A copy of the minor's birth certificate showing the full name of the minor and parent information will be required, along with a copy of the death certificate of any deceased parent.

The filing fees payable to the Probate Court at the time of filing are:
$81.50 Filing Fee
$2.00 per page filed, including the Petition and Letters issued.
We accept cash, check, or money order.

Fees paid to the Athens newspaper or a Sheriff's Department must be paid either by check or money order - no cash.

If the guardianship is dissolved at any point, the fee is approximately $54.00. This too must be paid when filed, and an appointment is also necessary.

Please call (706)613-3320 if you need further information or have procedural questions. Questions of a legal nature must be directed to an attorney.