Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-4-4.1 are included in the annotations for this Code section.

Best interest standard requires clear and convincing evidence of harm to the child.

- Best interests of the child standard in O.C.G.A. § 29-2-8(b) required a guardian to prove by clear and convincing evidence that the child would suffer physical or emotional harm if custody were awarded to the biological parent and that continuation of the guardianship would promote the child's welfare and happiness. With this narrowing construction, the best interest of the child standard in § 29-2-8(b) was constitutional. Boddie v. Daniels, 288 Ga. 143, 702 S.E.2d 172 (2010).

In a mother's petition to terminate her parents' temporary guardianship over her child under O.C.G.A. § 15-11-14, the trial court erred in failing to consider whether the grandparents proved by clear and convincing evidence that termination would cause the child physical or long-term emotional harm; therefore, remand was required for further consideration. In the Interest of K. M., 344 Ga. App. 838, 811 S.E.2d 505 (2018).

Temporary guardianship dissolved.

- Under former O.C.G.A. § 29-4-4.1(c), the trial court correctly dissolved guardianship under former § 29-4-4.1 since guardianship at time of its creation was intended to be or was represented to be temporary in nature. Hays v. Jeng, 184 Ga. App. 157, 360 S.E.2d 913 (1987) (decided under former O.C.G.A. § 29-4-4.1)

Appointment to provide health insurance denied.

- Since the child was living with the mother, who was not alleged to be incompetent or under any duress or difficulty with respect to her parental responsibilities, the court properly refused to appoint a temporary guardian solely for the provision of health insurance. In re Roscoe, 242 Ga. App. 440, 529 S.E.2d 897 (2000) (decided under former O.C.G.A. § 29-4-4.1)

Cited in Brown v. King, 193 Ga. App. 495, 388 S.E.2d 400 (1989).

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-4-4.1 are included in the annotations for this Code section.

Cannot appoint permanent guardian where child has living parent.

- Unless an appointment of a temporary guardian was made under former O.C.G.A. § 29-4-4.1, a probate court was without authority to appoint a guardian of the person for a minor child if the child had living parents, unless the parents relinquished or forfeited their rights in the child. 1983 Op. Att'y Gen. No. U83-37 (decided under former O.C.G.A. § 29-4-4.1).