TITLE 29
GUARDIAN AND WARD
ARTICLE 6
JURISDICTION
29-2-68. Required findings of court prior to acceptance of foreign guardianship; orderly transfer; right to petition for guardianship remains.
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The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
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The guardian is presently in good standing with the foreign court; and
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The transfer of the guardianship from the foreign jurisdiction is in the best interest of the minor.
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Subject to subsection (c) of this Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship.
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In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to:
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Delay the effective date of the receipt and acceptance for a reasonable period of time;
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Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction;
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Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or
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Make other arrangements the court deems necessary to effectuate the receipt and acceptance of the guardianship.
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The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-2-16.
(Code 1981, §29-2-68, enacted by Ga. L. 2004, p. 161, § 1.)
29-2-69. Minor's move to a foreign jurisdiction; presumption of permanent move.
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A guardian may petition a court of this state which has jurisdiction over the guardianship to transfer the guardianship to a foreign court of competent jurisdiction if the minor has moved permanently to the foreign jurisdiction.
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The minor may be presumed to have moved permanently to the foreign jurisdiction if:
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The minor has resided in the foreign jurisdiction for more than 12 consecutive months;
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The guardian notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or
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A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for the minor in the foreign jurisdiction.
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To facilitate the transfer the court may order the guardian to file a petition for receipt and acceptance of the guardianship in the foreign jurisdiction.
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If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.
(Code 1981, §29-2-69, enacted by Ga. L. 2004, p. 161, § 1.)
