§ 29-2-5. Petitions for Temporary Guardianship; Requirements of Petition

1. A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody of the minor.
2. The petition shall be filed in the probate court of the county of domicile of the petitioner; however, if the petitioner is not a domiciliary of this state, the petition may be filed in the probate court of the county where the minor is found.
3. A petition for the appointment of a temporary guardian shall include the following:
   1. The name, address, and date of birth of the minor;
   2. The name and address of the petitioner and the petitioner’s relationship to the minor, if any;
   3. A statement that the petitioner has physical custody of the minor and:
      1. Is domiciled in the county in which the petition is being filed; or
      2. Is not a domiciliary of this state and the petition is being filed in the county where the minor is found;
   4. The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor’s natural guardian;
   5. A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition;
   6. If the sole parent or both parents have not consented to the appointment of the temporary guardian, a statement of the circumstances that give rise to the need for the appointment of a temporary guardian; and
   7. The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.

History. Code 1981, § 29-2-5 , enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2006, p. 805, § 3/SB 534.

Law reviews.

For annual survey article discussing wills, trusts and administration of estates, see 52 Mercer L. Rev. 481 (2000).

For article, “Wills, Trusts & Administration of Estates,” see 53 Mercer L. Rev. 499 (2001).

For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006).