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

Georgia Statutes

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

Georgia § 19-9-2

Title19

This text of Georgia § 19-9-2 (Right of surviving parent to custody of child; discretion of judge) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 19-9-2 (2026).

Text

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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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.