O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-11-723 (2019)

Appointment of attorney and guardian ad litem; affidavits of adults supporting emancipation

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) After a petition for emancipation is filed, the court shall appoint an attorney for the petitioner and may:

(1) Appoint a guardian ad litem to investigate the allegations of the petition and to file a report with the court, including a recommendation as to whether it is in the best interests of the petitioner that the petition for emancipation be granted; and

(2) Appoint an attorney for the petitioner’s parent, guardian, or legal custodian if he or she is an indigent person and if he or she opposes the petition.

(b) After a petition for emancipation is filed, the court shall seek an affidavit from each person identified in the petition pursuant to paragraph (7) of subsection (a) of Code Section 15-11-721 that describes why that person believes the petitioner should be emancipated.

History

Code 1981, § 15-11-723, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2019, p. 558, § 2-2/HB 228. The 2019 amendment, effective July 1, 2019, inserted ‘‘shall appoint an attorney for the petitioner and’’ in the introductory language of subsection (a); added

‘‘and’’ at the end of paragraph (a)(1); deleted former paragraph (a)(2), which read: ‘‘Appoint an attorney for the petitioner; and’’; redesignated former paragraph (a)(3) as present paragraph (a)(2); and inserted ‘‘subsection (a) of ’’ in the middle of subsection (b).

Annotations

The 2019 amendment, effective July 1, 2019, inserted "shall appoint an attorney for the petitioner and" in the introductory language of subsection (a); added "and" at the end of paragraph (a)(1); deleted former paragraph (a)(2), which read: "Appoint an attorney for the petitioner; and"; redesignated former paragraph (a)(3) as present paragraph (a)(2); and inserted "subsection (a) of" in the middle of subsection (b).