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O.C.G.A. § 29-2-60 — Petition for jurisdiction change; retention of jurisdiction for limited matters | Georgia Code
O.C.G.A. § 29-2-60 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 29 GUARDIAN AND WARD

Section 2. Guardians of Minors, 29-2-1 through 29-2-77.

ARTICLE 6 JURISDICTION

29-2-60. Petition for jurisdiction change; retention of jurisdiction for limited matters.

  1. A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the minor resides.
  2. Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the guardian was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the minor.
  3. Before the removal of the guardianship to another county in this state, the guardian shall file with the court of the county to which the guardianship is to be removed certified copies of all the records pertaining to the guardianship.
  4. Following removal of a guardianship to another county in this state, the court of that county shall have the same jurisdiction over the guardian as if the guardian had been first appointed in that county, and every case growing out of or affecting the guardianship shall be heard and tried only in the county to which the guardianship has been removed.
  5. The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a guardian shall retain jurisdiction of such matters even when the guardianship has been removed to another county.

(Code 1981, §29-2-60, enacted by Ga. L. 2004, p. 161, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 49-239 are included in the annotations for this Code section.

For jurisdiction over removal and new appointments where guardian moves from county without removing trust, see Fouts v. Flythe, 54 Ga. App. 108, 187 S.E. 160 (1936) (decided under former Code 1933, § 49-239).

Cited in Jennings v. Longino, 49 Ga. App. 494, 176 S.E. 94 (1934); Great Am. Indem. Co. v. Jeffries, 65 Ga. App. 686, 16 S.E.2d 135 (1941); Rogers v. Taintor, 93 Ga. App. 54, 90 S.E.2d 629 (1955).

RESEARCH REFERENCES

ALR.

- Guardianship of incompetent or infant as affecting venue of action, 11 A.L.R. 167.

PART 2 G UARDIANSHIP APPOINTED

29-2-65. "Guardianship" defined; requirements of petition for transfer.

  1. For purposes of this part and Part 3 of this article, the term "guardianship" refers to a legal relationship in which a person is given responsibility by a foreign court for the care of a minor, thereby becoming a guardian.
  2. A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the county in this state where the minor resides or may reside.
  3. The petition shall include the following:
    1. An authenticated copy of the foreign guardianship order including:
      1. All attachments describing the duties and powers of the guardian; and
      2. All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;
    2. The address of the foreign court which issued the guardianship order;
    3. A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed;
    4. The petitioner's name, address, and county of domicile;
    5. The name, age, and current address of the minor and the new or proposed address of the minor;
    6. The names and current addresses of the adult siblings of the minor, if any;
    7. The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other person currently serving as guardian;
    8. The name and address of any person currently acting as legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;
    9. The name and address of the minor's conservator, if any; and
    10. The reason the transfer is in the minor's best interest.
  4. The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms of the guardianship.

(Code 1981, §29-2-65, enacted by Ga. L. 2004, p. 161, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, the second subsection (c), as enacted by Ga. L. 2004, p. 161, was redesignated as subsection (d).

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.