Permanent guardianships are only allowed if either both parents are deceased, or the parental rights of any living parent have been terminated by a court. Termination is not the same thing as a loss of custody. Termination is permanent.
In which county do I file my Petition for Permanent Guardianship of a Minor?
A petition for permanent guardianship of a minor may be filed in the county where a minor is found or where the proposed permanent guardian is domiciled.
In what circumstances can the Probate Court appoint a permanent guardian for a minor?
The probate court can only appoint a permanent guardian for a minor if the minor has no natural guardian, testamentary guardian, or permanent guardian appointed by another court.
What is required at the time of filing?
The following documents must be presented or filed with the petition:
- A completed Petition for Permanent Letters of Guardianship of Minor along with all applicable fees
- A certified copy of the minor’s birth certificate
- A valid issued Driver’s License or identification card. If you are a Rockdale County resident and your Driver’s License has an address other than your present Rockdale County address, additional proof of residence is required in the form of a utility bill, rental lease agreement, etc.
The Petitioner(s) must appear in person and take an oath before Letters of Temporary Guardianship will be issued.
If you are filing to become permanent guardian for more than one child, please email [email protected] .
How much does it cost to file the petition?
Email the guardianship department at [email protected] for the exact filing fees. Payments may then be submitted by cash, money order, firm check or debit/credit card. All debit/credit card transactions will include a $4 service fee.
When does a Permanent guardianship of a minor terminate?
The guardianship of a minor terminates on the date upon which the earliest of the following occurs:
- The minor reaches 18;
- The minor is adopted;
- The minor is emancipated;
- The minor dies;
- A court order terminating the guardianship is entered.