Minor's Move to a Foreign Jurisdiction; Presumption of Permanent Move

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Guardians of Minors
  5. Jurisdiction
  6. Transfer of Guardianship
  7. Minor's Move to a Foreign Jurisdiction; Presumption of Permanent Move

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  1. 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.
  2. The minor may be presumed to have moved permanently to the foreign jurisdiction if:
    1. The minor has resided in the foreign jurisdiction for more than 12 consecutive months;
    2. The guardian notifies the court that the minor will move or has moved permanently to the foreign jurisdiction; or
    3. A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for the minor in the foreign jurisdiction.
  3. 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.
  4. 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.)


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