What to Expect at a Georgia Guardianship Hearing

When parents have fully consented and no objections were filed, many Georgia probate courts grant guardianship without a formal hearing. But if notice was served by publication, if the father requests a hearing, or if local rules require one, you will appear before a probate judge. Knowing what happens removes one source of anxiety from an already stressful process.

Before the Hearing

Bring originals of everything you filed: your government-issued photo ID, proof of county residency, the child's certified birth certificate, notarized consent forms or sheriff service returns proving notice was served, and the Minor's Selection Form if the child is 14 or older.

Some courts — including Fulton County — conduct scheduling and oath sessions via Zoom, while evidentiary hearings remain in person at the courthouse. Check with your county probate clerk whether your hearing is in person or virtual.

What Happens in the Courtroom

A standard guardianship hearing follows five steps:

Docket call and identity verification. The judge or clerk confirms your identity, checks your photo ID, and verifies you live in the county.

Service and notice review. The court examines the service returns — sheriff receipts, mail delivery confirmations, or publication affidavits — to verify every required parent received proper notice. If the court finds a defect in service, the hearing may be continued until notice is perfected.

Minor selection and inquiry. If the child is 14 or older, the judge reviews their written Selection Form and may ask the child directly about their living situation and preference. Fulton County requires the child to be present for minor-guardianship appointments.

Entry of order. The judge signs the order granting guardianship.

Guardian oath. You take the oath on GPCSF Supplement 4, administered by the probate judge or court clerk. This cannot be done before a notary — it must happen in the courtroom or the judge's office.

After the oath, the clerk issues your certified Letters of Guardianship.

When a Guardian ad Litem Is Appointed

Under O.C.G.A. § 29-2-22, the court can appoint a guardian ad litem (GAL) to independently investigate the child's situation. A GAL is common when a parent could not be located, when notice went by publication, or when allegations of instability or abuse are involved.

The GAL conducts home visits, interviews household members, reviews school and medical records, and files a written recommendation with the court. In metro counties, the deposit for a GAL typically runs $150–$200 when ordered.

If a GAL is appointed, the hearing may be scheduled after the GAL completes the investigation. The judge considers the recommendation but is not bound by it.

Contested Hearings

If the case was transferred to juvenile court because a parent objected, the hearing looks different. Juvenile court applies dependency and best-interest standards, and both sides may present testimony and evidence. These proceedings are more formal and often involve attorneys.

Our Georgia Guardianship and Custody Court Process Guide covers hearing preparation for both probate and contested scenarios, including what documents to bring and how to present your case clearly.

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