GA Code § 15-11-244 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 3 - Dependency Proceedings|Part 13 - Permanent Guardianship|§ 15-11-244. Modification of Permanent Guardianship Order

  The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian.   The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to Code Section 15-11-240.   The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child who was adjudicated as a dependent child or the guardian and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interests of the child. Appointment of a new guardian shall be subject to the provisions of Code Sections 15-11-240 and 15-11-241.     (Code 1981, §15-11-244, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)   Cross references.   - Power of judge of probate court to appoint guardian for minor, § 29-2-14.    Notice requirements relating to appointment of guardians for minors by judges of the probate court generally, § 29-2-17.   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-302, pre-2000 Code Section 15-11-6 and pre-2014 Code Section 15-11-30.1, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.   Jurisdiction of juvenile court in transferred custody proceeding.    - In a custody proceeding transferred from the superior court, the juvenile court was authorized to issue an order restraining the future disclosure of information contained in the juvenile court's files and records and to punish for contempt any past unauthorized disclosure of that material. In re Burton, 271 Ga. 491, 521 S.E.2d 568 (1999) (decided under former O.C.G.A. § 15-11-6).   Restoration of fitness to previously unfit parent.    - Juvenile court erred when the court dismissed a father's petition because by alleging a restoration to fitness, the father alleged a material change in circumstances to change the permanent guardianship of the child and, therefore, stated a claim under O.C.G.A. § 15-11-244 upon which relief might properly be granted so long as the father proved that material change in circumstances clearly and convincingly and that custody was now in the child's best interest. In the Interest of M. F., 298 Ga. 138, 780 S.E.2d 291 (2015).   Restoration of fitness is material change of condition.    - Georgia Supreme Court holds that it is not unreasonable to understand O.C.G.A. § 15-11- 244(c) to include the restoration of fitness to a previously unfit parent as among the material changes in the circumstances of a child that would permit a modification, vacatur, or revocation of a permanent guardianship. In the Interest of M. F., 298 Ga. 138, 780 S.E.2d 291 (2015).   Award of permanent guardianship affirmed.    - Award of permanent guardianship to the aunt was affirmed because the parent gave no reason to believe that any objection to taking judicial notice of the deprivation order would have had any merit, nor did the parent identify specific evidence that the parent would have brought forward to challenge the earlier deprivation order. In the Interest of L. B., 319 Ga. App. 173, 735 S.E.2d 162 (2012) (decided under former O.C.G.A. § 15-11-30.1)   Order of visitation improper.    - Juvenile court erred by granting visitation to the guardians and ordering the father to undergo counseling because the juvenile court's order revoked the guardianship and, thus, left the juvenile court without authority or jurisdiction to place the complained of restraints upon the father's custodial rights. In the Interest of M. F., 345 Ga. App. 550, 813 S.E.2d 786 (2018).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-302 and pre-2000 Code Section 15-11-6, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.   Jurisdiction to appoint guardians for children.   - Former statute implicitly recognized that courts other than juvenile courts had jurisdiction to appoint guardians for children. 1976 Op. Att'y Gen. No. U76-15 (decided under former Code 1933, § 24A-302).   Support proceedings.    - Subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15) authorized the superior court to transfer to the juvenile court support cases not involving a question of paternity as well as those support proceedings originating from a court-established support unit in the judicial circuit. 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6).    Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act proceeding to a juvenile court under subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15). 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6).   Paternity questions.    - Since no provision under subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15) would permit the transfer of paternity questions to a juvenile court, no case in which paternity was involved may be transferred under that statute by a superior court to a juvenile court. 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6).   Permanent custody determination upon divorce decree.    - When a superior court transfers the question of custody determination to a juvenile court pursuant to subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15), the juvenile court may make only a temporary custody determination pending the outcome of the divorce action; but if the divorce decree is entered the juvenile court can then make a permanent custody determination. 1994 Op. Att'y Gen. No. U94-1 (decided under former O.C.G.A. § 15-11-6).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, § 74 et seq. 42 Am. Jur. 2d, Infants, § 27 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 39 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, § 41 et seq. 43 C.J.S., Infants, § 180 et seq. 67A C.J.S., Parent and Child, § 366 et seq.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) § 3.   ALR.   - Parent's involuntary confinement, or failure to care for child as result thereof, as evincing neglect, unfitness, or the like in dependency or divestiture proceeding, 79 A.L.R.3d 417.