Fill out the form and submit an original and one copy of the form to the courthouse. See the chart below for an overview of the child custody process in georgia including links to relevant statutes and forms.
You can take it any time while your case is active but taking it early can show your dedication.
How to get temporary custody of a child in ga. In order to request temporary custody you must first request a temporary hearing also known in some georgia counties as rule nisi. Natural by georgia law each parent is considered to be the natural guardian of their minor child 2 if the parents are divorced and one parent has sole custody of the minor that parent is also the sole natural guardian. To obtain an emergency court order for custody in georgia you first need to prepare an emergency petition and file it with the appropriate court usually the place where you or the child resides.
Many counties require parents in a custody case to complete a parenting seminar. A temporary georgia guardianship is granted when the legal guardian of the child needs a guardian for a particular reason. While it s best to consult with an attorney in complex cases a guide written in plain language can be a practical resource for following child custody law.
The court may award joint custody or sole custody. Legal custody and physical custody. Georgia guardianships are granted by the local probate courts and a permanent guardianship may be offered when the minor has no living parents or the legal rights of the parents have been removed by the court.
Temporary child custody proceedings in divorce cases you can file a petition seeking temporary custody of your child or children. Georgia child custody laws. During the online or in person seminar a counselor presents information on how to support your children through the case and beyond.
Check with your county courthouse to obtain the correct rule nisi or temporary hearing request form. Georgia child custody forms and process overview. If you are a grandparent great grandparent aunt uncle great aunt great uncle sibling or adoptive parent you can file for custody as a third party.
Most emergency custody orders are ex parte meaning you do not need to first notify the other parent or party to the proceedings. Any action for custody should be filed in the county in which the respondent defendant resides except in special circumstances. Under georgia law both parents are equal when it comes to child custody arrangements.
However a court will award custody to a third party. When it comes to child custody laws georgia awards two types of custody. Georgia courts presume that the interests of a child are best served by having the child in the custody of its parents.
Georgia law identifies five categories of guardians for a minor. Legal custody is the right to make major decisions regarding the child.