Clayton County, GA - Probate Court

Temporary Guardianship Information

Effective October 1, 2007 all fees for temporary guardianships MUST be paid in cash. No checks, no debit cards, no credit cards and no money orders will be accepted. CASH ONLY.

If you have a child in your physical custody and you are not that child’s parent, you are without authority to enroll the child in school, obtain medical treatment for the child or otherwise control the child without first becoming the legally qualified Temporary Guardian of Person through the Probate Court of your county of residence. (Alternatively, you may contact the Juvenile Court about becoming the legal custodian of the child.)

If you wish to become Temporary Guardian of Person, you must comply with every legal requirement, including notice to both parents of the child. If either is deceased, you must furnish the death certificate or other proof of death. If whereabouts of both parents are unknown, you will need to go to Juvenile Court. You must furnish a certified copy of child’s birth certificate and your personal identification. Upon completion of the forms, you will need to telephone the Probate Court (770/477-3299) to secure an appointment time to file for temporary guardianship. If you have any questions about the proceeding, contact an attorney. Clerks can furnish forms to you but have no authority to explain the law to you. This is a Court of Law, not a social service agency.

COST REQUIRED TO FILE PETITION FOR TEMPORARY GUARDIANSHIP - There are court costs which must be paid at the time you file the petition. These costs are set by the Georgia Legislature, not the Court. Clerks will inform you of total costs which vary depending on method of service to parents.

BASIC COSTS: (Both parents signing relinquishment)
Filing petition	$60.00
Recording (6 pages)	22.00
ADR fee	5.00
Law Library Fee	2.00
Indigent Defense Surchagre	15.00
Copies/postage	3.00
	$107.00
ADDITIONAL COSTS:
Sheriff service to parents, residents of Georgia, who have not signed relinquishment	$27.00	(per each parent to be served)
Copies and postage to serve parents, not residents of Georgia, who have not signed and for whom there is a current mailing address	$1.40	(per each parent to be served)
Publication to a parent whose whereabouts is unknown (only in the case where one parent CANNOT be notified by mail, sheriff service or signature has not been obtained)	$60.00