Appointment of Attorney and Guardian Ad Litem; Affidavits of Adults Supporting Emancipation

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Emancipation
  6. Appointment of Attorney and Guardian Ad Litem; Affidavits of Adults Supporting Emancipation

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  1. 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.
  2. 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.

(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).


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