Temporary Guardianship of a Minor
General Information
The Probate Court is located on the main floor of the Gwinnett Justice and Administration Center (click for directions) located at 75 Langley Drive, Lawrenceville, Georgia 30046. The office accepts filings Monday through Friday, excluding holidays, from 8:00 a.m. to 4:30 p.m.
All pleadings filed with the Gwinnett County Probate Court by mail must be signed, verified, and have the appropriate filing fees. Pleadings without fees will be returned without filing. Mail all pleadings to:
| Gwinnett County Probate Court Estate Division 75 Langley Drive Lawrenceville, GA 30046 |
In which county do I file my Petition for Temporary Guardianship of a Minor?
- If you are a Georgia resident you must file the petition for temporary guardianship in the county of your domicile and the minor must be residing with you.
- If you are a non-resident of this state you must file the petition in the county where the minor is found and you must have physical control of the minor at the time of filing the petition.
What is required at the time of filing?
The following documents must be presented or filed with the petition:
- A completed petition along with the court's guardianship questionnaire and all applicable fees
- A certified copy of the minor's birth certificate
- A valid state issued Driver’s License or identification card. If you are a Gwinnett County resident and your Driver’s license has an address other than your present Gwinnett County address, additional proof of residence is required in the form of a utility bill, rental lease agreement, etc.
The Petitioner(s) must appear in person and take an oath before Letters of Temporary Guardianship will be issued.
If you are filing to become a temporary guardian for more than one child, you must file a separate petition and pay a separate filing fee for each child.
What if the minor is already subject to a custody or temporary guardianship order entered by another court?
This Court will not grant temporary guardianship to a non-custodial parent when a custody order is in place. Also, this Court will not create a new temporary guardianship if a minor is already subject to a temporary guardianship created in another state or by another Georgia court. In both cases, you must return to the original court and request modification or termination of the custody or guardianship order that is in place over the child.
How much does it cost to file the Petition?
Prior to mailing in or filing your petition in our office, please check our Fees page for the current filing fees. All fees are due at the time of filing. The Probate Court accepts cash, credit cards (Visa, Discover, MasterCard), personal check, or money order. A processing fee of 2.5% is charged separately per card transaction.
How do I end the temporary guardianship?
If you are the natural guardian of the minor and you would like to end the temporary guardianship, you must file a Petition to Terminate Temporary Guardianship. The temporary guardian may consent to the Petition, but if he or she does not, the Court must have the temporary guardian personally served by the sheriff with a copy of your Petition. If the temporary guardian objects to the termination of the temporary guardianship, the case will be transferred to the Gwinnett County Juvenile Court for a final decision.
If you are the temporary guardian and you would like to resign as temporary guardian, you must sign consent for resignation and the successor temporary guardian(s) would need to file a Petition for Letters of Temporary Guardianship of a Minor (Form 28).
Your temporary guardianship automatically terminates on the day the minor turns 18, is adopted, becomes emancipated, or dies. A court order may also terminate a guardianship.
