A guardian is an individual who accepts legal responsibility for a child under 18 (a minor). In Georgia you can seek a temporary guardianship or permanent guardianship.

Temporary Guardianship orders authorize individuals to care for minor children when parents are unable to care for their children temporarily. Guardianship orders may be required to register the minor child in school and authorize medical treatment for a child if you are already caring for a child. Guardianships are not designed to grant one parent any type of visitation or custodial rights. 

Permanent guardianships can be filed in superior court or juvenile court as part of an underlying dependency case. Permanent guardianships by design are meant to be more permanent than a temporary guardianship. The goal of a permanent guardianship is to provide the child(ren) with permanency. A parent can seek to terminate a permanent guardianship but there is a higher burden of proof that the guardian must meet in order to prevent the guardianship from being terminated. 

If you wish to become the legal guardian of a minor child(ren), you must comply with every legal requirement, including notice to both parents of the child. Failure to comply with all of the requirements could result in your request being denied if a parent does not consent. We can assist you with every step in the process. We will make sure that everything is filed correctly and the proper documentation is provided to the Court. 

If you are currently a legal guardian and a parent has filed to terminate the guardianship and you do not believe it is in the child’s best interest to return to that parent you do have options. You can file a timely objection to the termination enumerating the basis for your objection. If an objection is timely filed, the Court may appoint a Guardian ad Litem to assist in the determination as to whether or not the guardianship should be terminated. This can be an overwhelming undertaking and you will want to make sure that you understand the burden of proof that you must demonstrate to the Court to prevent the child(ren) from returning to an unfit parent or unsafe environment.

Child Support 

In Georgia, both parents have a duty to support their minor children until the child reaches 18 years of age. However, the court can extend that requirement past 18, for example if the child is disabled. 

Despite what people may think, child support is not just based on the numbers. While Georgia has child support guidelines and calculators which help in determining what the appropriate amount of support should be, there are multiple factors for the Court’s consideration. 

There are worksheets and calculators that are accessible to the public on multiple websites. However, the worksheets can be intimidating if you are not familiar with the Court’s interpretation of child support law. Our attorneys are very familiar with the child support calculators and their nuances. We have significant experience is utilizing the worksheets and the applicable laws to ensure that you are paying or receiving the appropriate amount of support. 

If you need assistance in determining the appropriate amount of support, whether it be regarding the proper amount to be paid, an arrearage that has accrued, or modifying a current child support order, we can help.