Guardianship, custody, or adoption: which one fits?

Start here: you don't have to pick today

Take a breath. Nothing on this page is a decision you have to make this week. Many relatives care for a child for months with no paperwork at all, or with a simple power of attorney, while they figure out what the family needs. If you want a human to talk it through with, Georgia's statewide Kinship CareLine at 1-855-357-6566 and the Kinship Navigator Program exist for exactly this — no custody papers required to call. Verified Jul 3, 2026 If you're brand new to all of this, our kinship care starter guide is the page before this one.

The five options at a glance

Georgia gives relative caregivers five main legal tools, from lightest to most permanent. The two questions that separate them fastest: can the parent undo it, and does it end the parents' legal rights? (Spoiler on the second: only adoption does.)

Short cells hide real nuance, so each option gets its own section below. One vocabulary note before we start: none of the first four options "takes the child away" from the parents in a legal-rights sense. Guardianship and custody move day-to-day authority to you; the parents remain the child's legal parents, with rights the law protects. Only adoption — or a separate court order terminating parental rights — changes that.

Power of attorney: fast, free, and fully reversible

Under Georgia's Supporting and Strengthening Families Act (O.C.G.A. § 19-9-120 and following), a parent can sign a notarized power of attorney for the care of a minor child giving you authority over schooling, medical care, and day-to-day needs — no court, no judge, no filing fee. Verified Oct 18, 2026 There's a statutory fill-in-the-blank form (§ 19-9-134), and it usually lasts "for a period not to exceed one year." A deployed parent's can run longer than a year, but it "shall not exceed the term of deployment plus 30 days" (§ 19-9-132(b)), and one given to the child's grandparent "may have an unlimited duration" (§ 19-9-132(a)); the form's grandparent option lasts "until I revoke" it. Verified Oct 22, 2026

If the parent who signs has sole custody, the other parent gets a say. The signing parent must send written notice to the noncustodial parent "by certified mail, return receipt requested, or statutory overnight delivery within 15 days" of signing (§ 19-9-125(a)). The noncustodial parent "may object to the execution of such power of attorney within 21 days of the delivery of such notice," and an objection means the power of attorney can't be used: "the child shall be returned to the individual with sole custody" (§ 19-9-125(b)). Verified Oct 22, 2026

Here's the blunt part: a POA is convenience, not security. It is a "temporary delegation of caregiving authority" (§ 19-9-134(a)), not a court custody order, and it cannot terminate the parents' rights — and the parent can revoke it at any time, in writing, without asking anyone's permission. Verified Oct 18, 2026 It also can't delegate the big decisions: the form excludes "the power or authority to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child." Verified Oct 18, 2026 If you need paperwork so the school and the pediatrician will talk to you, and the family is cooperative, a POA may be all you need. If you need stability a parent can't take back on a bad day, keep reading.

Temporary guardianship: the probate court middle ground

A temporary guardianship of a minor (O.C.G.A. §§ 29-2-5 through 29-2-8) is granted by your county's probate court (§ 29-2-5(b)). Verified Oct 18, 2026 The court uses a statewide form (GPCSF 28). Verified Jul 3, 2026 If the parents have consented in notarized writing attached to the petition, "the court shall grant the petition without further notice or hearing" (§ 29-2-6(a)). If a parent who is a "natural guardian" files a timely objection to the establishment of the guardianship, "the court shall dismiss the petition" (§ 29-2-6(d)) — so this path works when parents agree, at least on paper, that the child should be with you. Verified Oct 18, 2026

As temporary guardian you get real authority: "any of the powers of a natural guardian" (§ 29-2-7(a)), which is the same power "as that of a parent over a child," along with a duty to "arrange for the support, care, education, health, and welfare of the minor" (§ 29-2-21(a), (b)(2)). Verified Oct 18, 2026 It does not end the parents' rights. A temporary guardianship ends on the earliest of several events, including when the child turns 18, is adopted, or is emancipated, when letters of guardianship are issued to a permanent guardian, or when a court order ends it (§ 29-2-8(a)) — and "either natural guardian of the minor may at any time petition the court to terminate" it (§ 29-2-8(b)). Here's the nuance that makes it sturdier than a POA: if the parent petitions and you don't object within 10 days of notice, the court "shall order the termination"; but if you do object, the court can hear the objection or send the records to juvenile court, which decides after a hearing whether continuing or ending it is in the child's best interest. Verified Oct 18, 2026 A parent can start the process any time, but they can't simply snap it back.

Permanent guardianship: stability a parent can't simply undo

A juvenile-court permanent guardianship (O.C.G.A. §§ 15-11-240 through 15-11-244) is the heavyweight guardianship, and it is for a child the juvenile court has "adjudicated as a dependent child" — that is, when DFCS is already involved. Before granting one, the court must find that reasonable efforts to reunify the child with the parents would be detrimental or that the living parents consent; that termination of parental rights and adoption are not in the child's best interests; that you can provide a safe, permanent home; and that the appointment is in the child's best interests and you are the individual most appropriate to be the permanent guardian. If the child is 14 or older, the court must also find that the individual the child chose is the most appropriate one. Verified Oct 18, 2026 DFCS's own playbook for these cases is policy manual section 22.11.

The defining feature: a parent cannot revoke it. The order can only be changed or ended if a court finds, by clear and convincing evidence, a material change in the circumstances of the child or the guardian — and that changing it serves the child's best interests (§ 15-11-244(c)). Verified Oct 18, 2026 The order addresses the parents' visitation, and the court "may enter an order of support" against the parents (§ 15-11-240(b)). Verified Oct 18, 2026 And to say it plainly one more time: permanent guardianship does not terminate parental rights — the parents remain the child's legal parents. Verified Jul 3, 2026

One naming trap: Georgia's probate courts can also appoint permanent guardians for minors under a different law (Title 29). This section describes the juvenile-court version used in DFCS dependency cases. If someone offers you a "permanent guardianship," ask which court and which statute — a lawyer can tell you in minutes.

Custody: parent-level authority, but parents can come back

A custody order makes you the child's legal custodian, with parent-like decision-making authority. For relatives, Georgia law is deliberately narrow. A limited list of relatives can seek custody (O.C.G.A. § 19-7-1(b.1)): in a custody action between a parent and a third party "limited to grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, sibling, or adoptive parent," the court decides what is in the child's best interest, but there is "a rebuttable presumption that it is in the best interest of the child or children for custody to be awarded to the parent or parents," which "may be overcome by a showing that an award of custody to such third party is in the best interest of the child or children." Verified Oct 18, 2026 The Georgia Supreme Court has read this standard to require that "the third party has 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 once the showing is made, the third party has to show that a custody award to the third party would promote the child's welfare and happiness" (Clark v. Wade, 273 Ga. 587 (2001), as summarized in the judicial-decision annotations to § 19-7-1 in the Official Code of Georgia Annotated). Verified Oct 18, 2026 That is a high bar; the starting point favors the parent, so this is one to take to a lawyer. Separately, in an open dependency case, the juvenile court can award temporary custody of a child to a relative or other third party (DFCS policy 22.12) Verified Jul 3, 2026. Georgia also has an "equitable caregiver" law (§ 19-7-3.1) that lets a court adjudicate a non-parent an equitable caregiver, but only on clear and convincing evidence that, among other things, the person took on "a permanent, unequivocal, committed, and responsible parental role" "without expectation of financial compensation." It does not allow an original action "so long as the Division of Family and Children Services of the Department of Human Services has an open child welfare and youth services case involving such child or his or her parent." Verified Oct 18, 2026

Functionally, custody sits near permanent guardianship: a court order, real authority, no end to the parents' rights — and parents can return to court later to try to change it. Which one fits depends on which court your situation is already in and what the county's practice is. This is one of the spots where a free lawyer earns their keep.

Adoption: the only permanent one

Adoption, granted by the superior court, is the only option on this page that permanently ends the birth parents' legal rights and duties. Georgia has a specific path for relatives (O.C.G.A. § 19-8-7): a child may be adopted by a relative "related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling" only if each living parent and guardian "has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child." Verified Oct 18, 2026 Relative adoptions are generally more streamlined than adopting a stranger's child — how much investigation is required is largely up to the judge. Verified Jul 3, 2026

The decree creates the relationship of parent and child between you and the child, "as if the adopted individual were a child of biological issue" of yours, and the child "shall enjoy every right and privilege of a biological child" (§ 19-8-19(a)(2)). Two consequences worth sitting with. First, the child generally stops inheriting through the birth parents: the decree makes the child "a stranger to his or her former relatives for all purposes, including inheritance" (with exceptions for a spouse of the adopting person and the spouse's relatives). There is one statutory exception: if a parent dies without the parent-child relationship having been ended by court order, the child's right of inheritance from or through that parent "shall not be affected by the adoption" (§ 19-8-19(b)). Verified Oct 18, 2026 Second, because the decree terminates "all legal relationships" between the child and the birth parent, adoption ends the parents' future child-support obligation — it's the only option here that does. Verified Oct 18, 2026 Adoption also rewrites family roles: a grandmother legally becomes Mom. For some families that's exactly right; for others, permanent guardianship keeps the relationships legible while still protecting the child. If you're leaning this way, our adopting in Georgia guide walks the process.

The money, honestly

Money should not drive this decision — but you deserve to see the whole board before you choose, because the system will not volunteer it. The single most expensive mistake kinship caregivers make in Georgia is agreeing to a guardianship or custody order before the subsidy paperwork exists. Here's the landscape:

The subsidies for children leaving DFCS custody

When a child exits DFCS custody into a relative's permanent guardianship or custody, the per diem stops — but Georgia runs post-permanency subsidies that can partially replace it. The Enhanced Relative Rate (ERR) is for relatives taking permanent custody or guardianship of a child leaving DFCS custody; it pays a reduced rate — reportedly around 80% of the per diem, though we could not confirm that figure against a primary source, so treat it as approximate and confirm with your case manager. Verified Jul 3, 2026 The Subsidized Guardianship (SG) program, and its non-relative version, NRSG, are for caregivers granted permanent guardianship. DFCS's payments manual (COSTAR 3003) lists monthly SG and NRSG rates by the child's age, but the newest schedule we found took effect July 1, 2025, so ask your case manager for the current amount. DFCS policy says these subsidies are less than the basic per diem, and that a family can't receive a subsidy and the per diem in the same month. Verified Oct 1, 2026

The eligibility thread running through all of them: the child was in DFCS care, your home passed the kinship assessment, a county-approved subsidy agreement was signed, and the court entered the required findings — all before the guardianship order. Payments start the month after guardianship transfers, and the agreement renews annually. Verified Jul 3, 2026 A relative who bypasses DFCS and goes straight to probate court gets none of this — which is not a reason to involve DFCS unnecessarily, just a fact you should hold while deciding.

Money that doesn't care which option you pick

Child-only TANF. Any relative within the allowed degrees of relationship can apply for a TANF grant for the child alone — your income isn't counted, and you don't need any custody or guardianship order. Verified Oct 1, 2026 It's modest: roughly $155 a month for one child by the most recent figures we could find (an amount essentially unchanged since 1997) — confirm the current amount with DFCS when you apply. Verified Jul 3, 2026

GRG, for grandparents. Grandparents raising grandchildren who receive child-only TANF, meet GRG income guidelines, and are 55 or older (or are aged, blind, or disabled and receiving disability benefits) can get a monthly subsidy of $100 per grandchild plus a one-time crisis payment (CRISP) equal to four times the maximum TANF benefit for a grant covering just the grandchild, not your whole household. Verified Oct 1, 2026 One honest flag: DFCS's TANF policy says CRISP is "equal to" four times that benefit, while the DHS Kinship Care Portal says "up to" — ask DFCS what you'll receive, and if a caseworker quotes you a different monthly amount than $100, tell us.

TEFRA / Katie Beckett Medicaid. If the child has significant disabilities, they may qualify for Medicaid based on their own income alone, regardless of your legal status — the Katie Beckett Medicaid Team is at 678-248-7449. Verified Jul 3, 2026

Child support survives everything except adoption. Under a POA, a temporary or permanent guardianship, or a custody order, the parents still owe support for their child, and as guardian or custodian you can pursue it through Georgia's Division of Child Support Services; a juvenile-court permanent guardianship order can include support directly. Only adoption ends the parents' future support duty. Verified Jul 3, 2026

After a relative adoption from foster care. A child adopted from DFCS custody who meets special-needs criteria can receive adoption assistance — monthly payments up to the family foster care rate, reimbursement of non-recurring adoption expenses up to $1,500 per child, and Medicaid, generally to age 18 — including when the adopting family is a relative. Verified Jul 3, 2026

Like every money fact on this site, the figures above come from state policy manuals and official pages verified on the dates shown beside each, and they sit on our pre-launch re-check list. We deliberately don't print per diem or guardianship subsidy dollar amounts here — DHS's payment manuals list them, but the newest schedules we found took effect July 1, 2025, so ask your case manager for the current figure. If a caseworker quotes you something different from this page, ask them to point to the current policy, then report it to us.

One line on grandparent visitation

If your worry is seeing a grandchild rather than raising one: O.C.G.A. § 19-7-3 lets a grandparent ask a court for visitation, but you must show by clear and convincing evidence that the child's health or welfare would be harmed without it and that visitation is in the child's best interests — and an original action can only be filed once every two years, and not in a year when a custody case is already pending. Verified Oct 18, 2026 It's a hard standard; talk to one of the free legal resources below before filing. Our Q&A Can grandparents get custody in Georgia? quotes the custody and visitation statutes side by side.

Free legal help — you likely qualify

This is the rare legal decision where free, experienced counsel actually exists for people in your shoes:

• → Atlanta Legal Aid Society. Free civil legal help for people who meet its low-income guidelines, primarily in Clayton, Cobb, DeKalb, Fulton, and Gwinnett counties; its story on relative caregivers describes help with adoption. Apply online or by phone through atlantalegalaid.org/get-help. We have not confirmed the project's specific income cutoff or which case types it takes, so ask at intake. Verified Oct 18, 2026
• → Georgia Legal Services Program (GLSP). Covers the 154 counties outside metro Atlanta: 1-833-GLSPLAW (1-833-457-7529) · glsp.org/need-help Verified Jul 3, 2026
• → GeorgiaLegalAid.org. Statewide plain-language guides, including the excellent Kinship Care: Legal Relationships and Public Benefits. Verified Jul 3, 2026
• → Kinship CareLine / Kinship Navigator. 1-855-357-6566 · kinnav.dhs.ga.gov — not lawyers, but they can route you to legal help and everything else. Verified Jul 3, 2026

Whichever option you land on: taking on a relative's child, at your stage of life, with no warning, is a profound act of love. The paperwork will never say that. We will.

Sources & verification

• O.C.G.A. § 19-9-120 et seq. — power of attorney for the care of a minor child; statutory form at § 19-9-134; notice to the noncustodial parent at § 19-9-125; duration at § 19-9-132Official Code of Georgia (search the section number) Oct 18, 2026
• O.C.G.A. §§ 29-2-5 through 29-2-8 & 29-2-21 — probate temporary guardianshipOfficial Code of Georgia (search the section number) Oct 18, 2026
• Statewide temporary guardianship form GPCSF 28gaprobate.gov Jul 3, 2026
• O.C.G.A. §§ 15-11-240 and 15-11-244 — juvenile-court permanent guardianship (findings, support order, modification); § 19-7-1(b.1) and its judicial-decision annotation (Clark v. Wade, 2001) — relative custody; § 19-7-3.1 — equitable caregiversOfficial Code of Georgia (search the section number) Oct 18, 2026
• DFCS policy PAMMS §22.11 — permanent guardianship in dependency casespamms.dhs.ga.gov Jul 3, 2026
• O.C.G.A. § 19-8-7 & § 19-8-19 — relative adoption; effect of the decree, inheritance carve-outOfficial Code of Georgia (search the section number) Oct 18, 2026
• O.C.G.A. § 19-7-3 — grandparent visitation standardOfficial Code of Georgia (search the section number) Oct 18, 2026
• DFCS policy manual (PAMMS) §22.8 — Enhanced Relative Rate, Subsidized Guardianship programs, subsidy-before-order mechanicspamms.dhs.ga.gov Jul 3, 2026
• DFCS COSTAR manual §3003 — Relative Care and Guardianship payments (ERR, SG, NRSG monthly rate schedules)ffs.dhs.ga.gov Oct 1, 2026
• PAMMS TANF §1205 — child-only TANF: caregiver's inclusion optional, excluded caregiver's income not countedpamms.dhs.ga.gov Oct 1, 2026
• PAMMS TANF §1335 — Living with a Specified Relative: qualifying relatives for child-only TANF (relationship by birth, marriage, adoption or legal guardianship)pamms.dhs.ga.gov Oct 1, 2026
• PAMMS TANF §1210 — GRG subsidy & eligibility, CRISPpamms.dhs.ga.gov Oct 1, 2026
• Georgia Legal Aid — Kinship Care: Legal Relationships and Public Benefitsgeorgialegalaid.org Oct 18, 2026
• Georgia DCSS — child support services for relative caregiverschildsupport.georgia.gov Jul 3, 2026
• Georgia Medicaid — TEFRA / Katie Beckett eligibilitymedicaid.georgia.gov Jul 3, 2026

This page summarizes Georgia law and DFCS policy in plain language as of July 3, 2026. It is not legal advice, and reading it does not create an attorney–client relationship with anyone. Statutes get amended, subsidy rules change, and county probate practices vary — before you sign or agree to anything, talk to a lawyer (the free resources above exist for this) and confirm money questions with your DFCS case manager or the Kinship Navigator. This page is [LEGAL]-flagged in our system and receives attorney review before and after launch.