How to File for Guardianship of a Minor in Georgia

You have been raising your grandchild or a relative's child, and now you need legal authority — for school enrollment, medical decisions, or access to benefits. Filing for guardianship of a minor in Georgia goes through probate court, and the process has specific steps that must happen in order.

Step 1: Determine the Right Court

If no prior Superior Court divorce or custody order exists and no DFCS case is open, you file in probate court using Georgia Probate Court Standard Form 28 (GPCSF 28) for temporary guardianship. If you are a Georgia resident with physical custody, file in the county where you are domiciled; if you are not a Georgia resident, file in the county where the child is found.

If a Superior Court custody order already covers the child, probate court has no jurisdiction — you must file a modification in Superior Court instead. And if DFCS is involved, the case belongs in juvenile court.

Step 2: Gather Your Filing Packet

Before visiting the courthouse, assemble everything:

• Completed GPCSF 28 petition
• Certified copy of the child's birth certificate
• Your photo ID and proof of county residency
• Notarized parental consent forms (if a parent agrees)
• Minor's Selection Form if the child is 14 or older
• Criminal background check consent forms for every adult 18+ living in your home
• Filing fee (the statutory fee for a GPCSF 28 petition is $125; county filing totals include applicable add-ons) or a Poverty Affidavit if you cannot afford it

Some counties like Fulton require an appointment. Others accept walk-ins. Call the probate clerk before going.

Step 3: File the Petition and Serve Notice

Submit your packet to the probate clerk. If a parent has not signed a notarized consent, you must formally serve them with notice of the petition:

• Parent in Georgia: Personal service by the county sheriff — 10 calendar days to object from the date of service
• Parent out of state: Certified first-class mail — 14 calendar days to object from the date of mailing
• Parent's location unknown: Publication in the county legal organ for two consecutive weeks — 10 calendar days to respond from the date of the second publication

Each service method has its own cost on top of the filing fee. Sheriff service runs about $50 per person served. Publication costs vary from $50 in rural counties to over $180 in metro Atlanta.

Step 4: Wait for the Response Window to Close

If no parent files a written objection within the statutory deadline, the probate court can grant your petition. In fully consented cases with no objections, some courts grant guardianship without a formal hearing.

If a parent who is a natural guardian does object, the probate court must either dismiss the petition or transfer the entire case to juvenile court. This is not discretionary — it is required by Georgia law.

Step 5: Attend the Hearing (If Required)

Bring originals of everything you filed: ID, birth certificate, proof of residency, service returns, and the Minor's Selection Form if applicable. The child may need to be present — Fulton County requires children to appear in person or on camera.

The judge reviews your documentation, verifies proper notice was served, asks the child about their preference if they are 14 or older, and enters the order.

Step 6: Take the Oath and Get Your Letters

You take the Guardian Oath (GPCSF Supplement 4) administered by the probate judge or clerk — not a notary. After that, the clerk issues certified Letters of Guardianship. Request multiple certified copies for schools, doctors, and benefits agencies.

What Happens After

Within 60 calendar days of your appointment, you must file an initial Personal Status Report with the probate court, and then annually after that. The report covers the child's living situation, health, education, and your recommendation on whether guardianship should continue.

The total timeline depends on service, local scheduling, and whether the court orders additional review. The statutory response periods are 10 calendar days from personal service, 14 calendar days from the date of mailing to an out-of-state parent, or 10 calendar days from the second publication.

Our Georgia Guardianship and Custody Court Process Guide maps every step from first document to annual compliance — designed for relatives handling this without a lawyer.

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