2020 Georgia Code
Title 19 - Domestic Relations
Chapter 2 - Domicile
§ 19-2-4. Domicile of Minor

1. If a minor child's parents are domiciled in the same county, the domicile of that child shall be that of the parents. If a minor child's parents are divorced, separated, or widowed, or if one parent is not domiciled in the same county as the other parent, the child's domicile shall be that of the custodial parent. The domicile of a minor child born out of wedlock shall be that of the child's mother.
2. Where a child's parents have voluntarily relinquished custody of the child to a third person or have been deprived of custody by court order, the child's domicile shall be that of the person having legal custody of the child. If there is no legal custodian, the child's domicile shall be that of his guardian if the guardian is domiciled in this state. If there is neither a legal custodian nor a guardian, the domicile of the child shall be determined as if he were an adult.

(Orig. Code 1863, § 1647; Code 1868, § 1692; Code 1873, § 1693; Code 1882, § 1693; Civil Code 1895, § 1827; Civil Code 1910, § 2184; Code 1933, § 79-404; Ga. L. 1984, p. 612, § 1; Ga. L. 1988, p. 1720, § 1.)

- Determination of domicile of non-minor university student based on domicile of parents, §§ 20-3-66,39-1-1.

Domicile of parents at time of birth is domicile of child, and remains the child's domicile until changed in some manner as provided by law, either by a change of the domicile of the parents or of the parent whose domicile controls that of the child before the child reaches majority, or by a change in the domicile of the child. Squire v. Vazquez, 52 Ga. App. 712, 184 S.E. 629 (1936).

- When husband and wife are separated, the county of the husband's residence is that of the minor children, unless he has consented otherwise. Hunt v. Hunt, 94 Ga. 257, 21 S.E. 515 (1894).

- When children had been removed from the state by their widowed mother, who had married again but they frequently avowed an intention of returning to their former home, on an application for homestead out of their father's property in the county in which the father dies resident, the question of domicile was for the jury, and a verdict in favor of the minor's rights will not be disturbed. Harkins v. Arnold, 46 Ga. 656 (1872).

- That a father left his wife and minor child in Georgia to obtain employment for himself in Michigan and failed to provide for the family, except sending the family about $12.00 for about two years, authorized a finding that the father had voluntarily relinquished his parental authority over the child to the mother, thereby rendering the domicile of the child that of the child's mother. Thus, a Michigan divorce decree awarding him the custody of the child was void for lack of jurisdiction, even though the mother filed an answer in the divorce proceeding, asking that she be awarded the child. Elliott v. Elliott, 181 Ga. 545, 182 S.E. 846 (1935).

- Giving full faith and credit to the decree of a Tennessee court to which father of child relinquished his parental authority, which decree committed child to petitioners, residents of this state, it is clear that the child's domicile was changed from Tennessee to Georgia. Herrin v. Graham, 87 Ga. App. 291, 73 S.E.2d 572 (1952), overruled on other grounds, Davey v. Evans, 156 Ga. App. 698, 275 S.E.2d 769 (1980).

- Change of domicile does not result from the minor's leaving home with the father's consent, to live in another county and conduct a partnership business there in the minor's own name for the minor and the minor's father. Jackson v. Southern Flour & Grain Co., 146 Ga. 453, 91 S.E. 481 (1917).

- When a minor has neither father, mother, nor guardian, the minor may change the minor's residence at will. Dampier v. McCall, 78 Ga. 607, 3 S.E. 563 (1887).

- When ward has come to years of discretion, residence of guardian is not residence of ward, unless the ward chooses to make it the ward's residence. Roberts v. Walker, 18 Ga. 5 (1855).

- Service of process on the mother in the county in which the mother of an illegitimate child resides is sufficient to give the county juvenile court jurisdiction over both the mother and the child, regardless of whether there was a "detention" of the child, and in spite of the fact that a welfare worker had obtained possession of the child outside of the state. Sanchez v. Walker County Dep't of Family & Children Servs., 148 Ga. App. 49, 225 S.E.2d 441, rev'd on other grounds, 237 Ga. 406, 229 S.E.2d 66 (1976).

Cited in Hayslip v. Gillis, 123 Ga. 263, 51 S.E. 325 (1905); Portman v. Mobley, 158 Ga. 269, 123 S.E. 695 (1924); Beavers v. Williams, 199 Ga. 114, 33 S.E.2d 343 (1945); Altree v. Head, 90 Ga. App. 601, 83 S.E.2d 683 (1954); Ethel Harpst Home, Inc. v. Haithcock, 214 Ga. 297, 104 S.E.2d 459 (1958); Sailors v. Spainhour, 98 Ga. App. 475, 106 S.E.2d 82 (1958); Springstead v. Cook, 215 Ga. 154, 109 S.E.2d 508 (1959); Mathews v. Murray, 101 Ga. App. 216, 113 S.E.2d 232 (1960); Ingle v. Rubenstein, 112 Ga. App. 767, 146 S.E.2d 367 (1965); Giles v. State, 123 Ga. App. 700, 182 S.E.2d 140 (1971); Burnett v. Hope, 124 Ga. App. 273, 183 S.E.2d 505 (1971); Griffin v. State Farm Mut. Auto. Ins. Co., 129 Ga. App. 179, 199 S.E.2d 101 (1973); Mathis v. Sapp, 232 Ga. 620, 208 S.E.2d 446 (1974); Huff v. Moore, 144 Ga. App. 668, 242 S.E.2d 329 (1978); Abrams v. Daffron, 155 Ga. App. 182, 270 S.E.2d 278 (1980); Whitlock v. Barrett, 158 Ga. App. 100, 279 S.E.2d 244 (1981).

Domicile of child for school purposes can be altered by voluntary relinquishment of parental authority if proper legal action has been taken or circumstances are present which secure to the person with whom the child is residing some legal obligation as to the child's welfare and education. 1970 Op. Att'y Gen. No. U70-8.

- If parental control of a child is relinquished to Georgia residents, the child is legally domiciled in this state. 1965-66 Op. Att'y Gen. No. 66-190.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Domicil, § 37 et seq.

- 28 C.J.S., Domicile, § 22 et seq. 39 C.J.S., Guardian and Ward, § 14.

- Emancipation by parent as affecting right of infant to change domicile or settlement, 5 A.L.R. 949.

Approximation to maturity as affecting the rule that an infant cannot change his domicile, 5 A.L.R. 958.

Separate domicile of married woman or divorced woman as affecting citizenship, domicile, residence, or inhabitancy of children, 53 A.L.R. 1160.

Does child, upon death of parent to whom custody had been awarded by decree of divorce, take the domicile of the other parent, 136 A.L.R. 914.

Separate domicile of mother as affecting domicile or residence of infant, 13 A.L.R.2d 306.

Domicile of infant on death of both parents; doctrine of natural guardianship, 32 A.L.R.2d 863.

Validity and application of provisions governing determination of residency for purpose of fixing fee differential for out-of-state students in public college, 56 A.L.R.3d 641.