Georgia Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights

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US-00877BG
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This form is a petition to declare a child free from a parent's custody and control on the grounds of cruel treatment.
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FAQ

Although many lawyers question whether children in a divorcing or divorced family are unduly empowered, the law in Georgia is that a child 14 or older can elect his or her "physical custodial?, the parent with whom the child will live with more than 50% of the time.

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.

If there is no custody order in place, parents have equal rights to take their child without permission from the other parent. However, if you conceal your child from their other parent, your ex-partner could ask the court for an emergency ex-parte temporary order.

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.

In Georgia, the Probate Courts may grant guardianship of the person and/or property of an adult resident of the state (or one located in this state) who, because of physical or mental illness or disability, detention by a foreign power, or other just cause, lacks sufficient understanding or capacity to make significant ...

- Parent may lose right to custody if parent is found to be unfit. Unfitness of parent should be shown by clear and convincing evidence that circumstances of case justify court in acting for best interest and welfare of child.

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.

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Georgia Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights