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In Georgia, guardianship does not automatically override parental rights. A court must determine that it's in the child's best interest for the guardian to have more authority.
Guardianship is a legal proceeding that requires a hearing at which evidence is presented, testimony is taken and a lawyer will be appointed to represent the Proposed Ward. If you are not represented by an attorney, you will be expected to present the evidence to the court in the appropriate manner.
To begin the process, a petition must be filed seeking guardianship of the child by the person who wishes to be named guardian. The Initial Filing Fees must be paid upon filing the petition. You must file the petition in the county where the child is located or where the proposed permanent guardian is a resident.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
The Guardian has the duties and powers reasonably necessary to provide adequately for the support, care, education and well being of the ward from the ward's assets or public assistance, as necessary, even to the extent of participating in legal proceedings where appropriate or advisable.