Georgia Statutes

§ 19-9-2 — Right of surviving parent to custody of child; discretion of judge

Georgia·Title 19

Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the judge, upon petition:

(1)May exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare; and (2) In the case of a surviving parent being criminally indicted for the offense of murder or voluntary manslaughter of the other parent, can proceed in the court's discretion.

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Legislative History

Amended by 2023 Ga. Laws 245,§ 4, eff. 7/1/2023. Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.

Nearby Sections

15
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