The best way to approach the issue of Adult Guardianship in Georgia is to engage the services of a qualified and experienced attorney. Applying for guardianship in Georgia should not be done haphazardly. There are many legal considerations that must be addressed and properly documented. It is a good idea to speak with a lawyer before filing any type of legal document.
Georgia law provides for both parents to participate in making the decisions for the children. This arrangement allows both parents an equal opportunity to influence the children’s lives. An unwed couple with no biological child may become the guardian of a child if one of the parents has died or is mentally incompetent. Likewise, a married couple can designate a person as their surrogate mother and participate in the child’s life, financially, physically, and legally. A same-sex couple can decide to marry and establish a biological child.
A Parental Custody Agreement (C.A.) allows both parents to make legal decisions about the children and establish a schedule for visitation and healthcare. The terms of the arrangement often include periodic holidays and vacations. The parents can continue to live in the household if there are differences regarding the parenting plan.
If the parents decide not to participate in the marriage, they can pursue the Traditional Order of Providing for Children. In this case, the court will review the child custody and visitation schedules. If the parents are unable to agree, they will present their case to the court. The court will hear both sides and make a decision about the child. The court will act in the best interest of the child.
The best scenario is when both parents accept the decision and live harmoniously together. However, this seldom happens. In most cases, a judge will determine that a parent is unfit and unable to make a decision about the child’s welfare. In such cases, the court will require one of the parents to make the decisions for the children.
The courts have the responsibility to protect the welfare of the child. They can use their discretionary powers to limit the ability of a parent to care for the child. For example, if the parents’ ability to provide for the child is severely limited, the court can order them to give up their parental rights so that a parent doesn’t get the control over the child that they once had. The court can also protect the welfare of the child by requiring a guardian to do the job that the parents couldn’t do. In the same way, the court can refuse to recognize the parental right of a non-custodial parent in cases where the other parent has demonstrated abuse of the child.
Adult guardians enjoy many of the same rights and responsibilities as parents. They can take the child to live with them, attend school with them, and become a part of their extended family. They can file legal actions in the court to seek custody or visitation. They can also make important financial decisions for the children. But, unlike parents, the court doesn’t need to confirm the wishes of the adults.
Child custody and visitation are usually the concerns of the court when adults are involved. For other instances, the court might consider the best interest of the child, whether that means determining who will pay for the college education of the children or helping to find a good, reliable worker. A legal service that specializes in guardianship can help you evaluate your options and determine which of the many options may be right for you.