2021 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 1 - General Provisions
§ 19-7-2. Parents' Obligations to Child

It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (e) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order.

(Orig. Code 1863, § 1743; Code 1868, § 1783; Code 1873, § 1792; Code 1882, § 1792; Civil Code 1895, § 2501; Civil Code 1910, § 3020; Code 1933, § 74-105; Ga. L. 1979, p. 466, § 41; Ga. L. 1992, p. 1833, § 2; Ga. L. 2005, p. 224, § 12/HB 221; Ga. L. 2006, p. 583, § 7/SB 382.)

- Parents' obligation to illegitimate child, § 19-7-24.

Responsibility of parent or guardian for enrolling child in school, § 20-2-690.

Duty of support owed by parent of pauper, § 36-12-3.

- Ga. L. 2005, p. 224, § 1/HB 221, not codified by the General Assembly, provides that: "The General Assembly finds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia's children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia's children are provided with adequate financial support whether the children's parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children."

Ga. L. 2006, p. 583, § 10/SB 382, not codified by the General Assembly, provides that: "Sections 1 through 7 of this Act shall become effective on January 1, 2007, and shall apply to all pending civil actions on or after January 1, 2007."

- For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 73 (2005). For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 103 (2006). For note discussing Georgia's child support laws, their problems, and some proposed solutions, see 11 Ga. L. Rev. 387 (1977). For note, "The Economics of Divorce in Georgia: Toward a Partnership Model of Marriage," see 12 Ga. L. Rev. 640 (1978). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 234 (1992). For note, "Big Brother is Watching: When Should Georgia Get Involved in Issues of Family Privacy to Protect Children's Liberties?," see 34 Ga. St. U.L. Rev. 819 (2018). For comment on Wallace v. Wallace, 221 Ga. 510, 145 S.E.2d 546 (1965), see 3 Ga. St. B.J. 219 (1966). For comment on Bateman v. Bateman, 224 Ga. 20, 159 S.E.2d 387 (1968), see 5 Ga. St. B.J. 263 (1968).

ANALYSIS

• General Consideration
• Effect of Divorce
• Application

Whereabouts of minor child would clearly seem to fall within area of parental or guardianship responsibility and therefore primary responsibility for locating child who is absent from educational center or school on unauthorized basis would fall upon parents or other guardians or custodians. 1978 Op. Att'y Gen. No. 78-48.

Domicile of minor is that of minor's parents, but this can be altered when usual parental authority and control over minor is ended by voluntary or involuntary relinquishment. 1981 Op. Att'y Gen. No. U81-5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 59 Am. Jur. 2d, Parent and Child, §§ 22, 45 et seq.

- 67A C.J.S., Parent and Child, § 156 et seq.

- Criminal liability of father for failure to support child who is living apart from him without his consent, 23 A.L.R. 864.

Criminal responsibility for abandonment or nonsupport of children who are being cared for by charitable institution, 24 A.L.R. 1075.

Illegitimate child as within statute relating to duty to support child, 30 A.L.R. 1075.

Civil liability of father for necessaries furnished to child taken from home by mother, 32 A.L.R. 1466.

Denial of, or expression of doubt as to paternity or other relationship as estoppel to assert right of inheritance by virtue of such relationship, 33 A.L.R. 579.

Extent or character of support contemplated by statute making nonsupport of wife or child offense, 36 A.L.R. 866.

Liability of parent for necessaries furnished to adult child, 42 A.L.R. 150.

One charged with desertion or failure to support wife or child as fugitive from justice, subject to extradition, 54 A.L.R. 281.

Appointment of guardian for infant as affecting rights and duties of parents, 63 A.L.R. 1147.

Child's ownership of or right to income or property as affecting parent's duty to support, or as ground for reimbursing parent for expenditures in that regard, 121 A.L.R. 176.

Criminal responsibility of parent under desertion or nonsupport statutes, as affected by child's possession of independent means, or by fact other persons supply his needs or are able to do so, 131 A.L.R. 482.

Construction and application of statute charging father and mother jointly with child's care and support, 131 A.L.R. 862.

Parent's obligation to support adult child, 1 A.L.R.2d 910; 48 A.L.R.4th 919.

Liability of mother's husband, not the father of her illegitimate child, for its support, 90 A.L.R.2d 583.

Nature of care contemplated by statute imposing general duty to care for indigent relatives, 92 A.L.R.2d 348.

Award of custody of child where contest is between child's father and grandparent, 25 A.L.R.3d 7.

Power of divorce court, after child attained majority, to enforce by contempt proceedings payment of arrears of child support, 32 A.L.R.3d 888.

Right of child to enforce provisions for his benefit in parents' separation or property settlement agreement, 34 A.L.R.3d 1357.

Divorce: provision in decree that one party obtain or maintain life insurance for benefit of other party or child, 59 A.L.R.3d 9.

Liability of parent for support of child institutionalized by juvenile court, 59 A.L.R.3d 636.

Permitting child to walk to school unattended as contributory negligence of parents in action for injury to or death of child, 62 A.L.R.3d 541.

Validity, construction, and application of statute imposing upon stepparent obligation to support child, 75 A.L.R.3d 1129.

Father's liability for support of child furnished after divorce decree which awarded custody to mother but made no provision for support, 91 A.L.R.3d 530.

Parent's obligation to support unmarried minor child who refuses to live with parent, 98 A.L.R.3d 334.

Propriety of decree in proceeding between divorced parents to determine mother's duty to pay support for children in custody of father, 98 A.L.R.3d 1146.

Responsibility of noncustodial divorced parent to pay for, or contribute to, costs of child's college education, 99 A.L.R.3d 322.

Validity and effect, as between former spouses, of agreement releasing parent from payment of child support provided for in an earlier divorce decree, 100 A.L.R.3d 1129.

Child's right of action for loss of support, training, parental attention, or the like, against third person negligently injuring parent, 11 A.L.R.4th 549.

Postsecondary education as within nondivorced parent's child-support obligation, 42 A.L.R.4th 819.

Stepparent's postdivorce duty to support stepchild, 44 A.L.R.4th 520.

Postmajority disability as reviving parental duty to support child, 48 A.L.R.4th 919.

Right to credit on child support payments for social security or other government dependency payments made for benefit of child, 34 A.L.R.5th 447.

What voluntary acts of child, other than marriage or entry into military service, terminate parent's obligation to support, 55 A.L.R.5th 557.

Liability of father for retroactive child support on judicial determination of paternity, 87 A.L.R.5th 361.