Temporary Guardianships of Minors
If you have a child in your physical custody and you are not the child’s parent, you are without authority to enroll the child in school, obtain medical treatment for the child, and otherwise control the child without first becoming the legally qualified Temporary Guardian through the Probate Court. This page will provide you with frequently asked questions about the Temporary Guardianship process, along with a link to the standard forms.
Please note, that if you have any questions about the Guardianship and/or Conservatorship of an Adult, please contact the Probate Court during normal business hours. It is also advised you consult with an attorney.
Frequently Asked Questions
How do I File?
The Probate Court accepts filings Monday through Friday, excluding holidays, from 8:30 am to 4:00 pm.
All pleadings filed with the Cook County Probate Court by mail must be signed, verified, and have the appropriate filing fees unless the petitioner wishes to move as a pauper.
In which county do I file my petition for temporary guardianship of a minor?
You must file the petition for temporary guardianship in the county of your domicile and you must have must have physical control of the minor at the time of filing the petition.
What is required at the time of filing?
- A completed petition
- A certified copy of the minor’s birth certificate (Those can be purchased at the Probate Court)
- All petitioners must submit to a Criminal History background check, which is performed at the Cook County Sheriff’s Office.
- Notarized Acknowledgment and Consent signatures from the natural guardian (parents).
- The Petitioner must take an oath before Letters of Temporary Guardianship will be issued.
***If you are filing to become a temporary guardian for more than one child, you must file a separate petition and pay a separate filing fee for each child.
The mother or father will not consent. What should I do?
Minor guardianships require the consent of parents. If a parent is not willing to sign consent for the petitioner to become the Guardian of their child, then the court will have the parent served notice of the proceedings, and the parent will have an opportunity to object. If the parent objects to the creation of the temporary guardianship, the petition is dismissed. If the parent objects to the petitioner serving as the temporary guardian, the court schedules a hearing and appoints a Guardian Ad Litem for the minor. At his discretion, the Judge may transfer the case to the Juvenile Court if needed.
What if the minor is already subject to a custody or temporary guardianship order entered by another court?
This Court will not grant temporary guardianship to a non-custodial parent when a custody order is in place. Also, this Court will not create a new temporary guardianship if a minor is already subject to a temporary guardianship created in another state or by another Georgia court. In both cases, you must return to the original court and request modification or termination of the custody or guardianship order that is in place over the child.
How much does it cost to file the petition?
Prior to filing your petition in our office, please call Clerk of Court Gail White at 229-896-3941 for the fee amounts.
How do I end the temporary guardianship?
How long is the Minor Guardianship good for?
Letters of Guardianship expires on the Minor’s 18th birthday, or a parent files a Termination to Guardianship.
