2021 Georgia Code
Title 19 - Domestic Relations
Chapter 7 - Parent and Child Relationship Generally
Article 1 - General Provisions
§ 19-7-4. Criteria for Loss of Parental Custody

If a child is found under circumstances of destitution and suffering, abandonment, or exposure or if the child has been begging or if it is found that the child is being reared under immoral, obscene, or indecent influences which are likely to degrade his moral character and devote him to a vicious life and it appears to the appropriate court by competent evidence, including such examination of the child as may be practicable, that by reason of the neglect, habitual drunkenness, lewd or other vicious habits, or other behavior of the parents or guardians of the child, it is necessary for the welfare of the child to protect the child from such conditions, the court may order that the parents or guardians be deprived of custody of the child and that appropriate measures as provided by law be taken for the welfare of the child.

(Orig. Code 1863, § 1746; Code 1868, § 1786; Code 1873, § 1795; Ga. L. 1878-79, p. 162, § 1; Code 1882, §§ 1795, 4612g; Civil Code 1895, §§ 2504, 2505; Civil Code 1910, §§ 3023, 3024; Code 1933, §§ 74-109, 74-110.)

- Restriction on jurisdiction of probate court under this Code section, § 15-9-30(a)(6).

Termination of parental rights in proceedings before juvenile courts, § 15-11-81 et seq.

- For article, "Custody Disputes and the Proposed Model Act," see 2 Ga. L. Rev. 162 (1968). For article, "The Child as a Party in Interest in Custody Proceedings," see 10 Ga. St. B.J. 577 (1974). For article criticizing parental rights doctrine and advocating best interests of child doctrine in parent-third party custody disputes, see 27 Emory L.J. 209 (1978). For comment on Bodrey v. Cape, 120 Ga. App. 859, 172 S.E.2d 643 (1969), see 7 Ga. St. B.J. 256 (1970). For comment on "Grandparents' Visitation Rights in Georgia," see 29 Emory L.J. 1083 (1980).

ANALYSIS

• General Consideration
• Fitness
• Custody Disputes Between Parent and Third Person

Domicile of minor is that of the minor's parents, but this can be altered when usual parental authority and control over the 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, §§ 16, 18, 19.

- 67A C.J.S., Parent and Child, §§ 73 et seq., 87 et seq.

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

Attempt to bastardize child as affecting right to custody of the child, 37 A.L.R. 531.

Abandonment of adopted child, 44 A.L.R. 820.

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

Constitutionality of statute which for reformatory purposes deprives parent of custody or control of child, 60 A.L.R. 1342.

Liability of parent or person in loco parentis for personal tort against minor child, 19 A.L.R.2d 423; 41 A.L.R.3d 904.

What constitutes abandonment or desertion of child by its parent or parents within purview of adoption laws, 35 A.L.R.2d 662; 78 A.L.R.3d 712.

Right to custody of child as affected by death of custodian appointed by divorce decree, 39 A.L.R.2d 258.

Criminal liability for excessive or improper punishment inflicted on child by parent, teacher, or one in loco parentis, 89 A.L.R.2d 396.

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

Award of custody of child where contest is between child's mother and grandparent, 29 A.L.R.3d 366.

Liability of parent for injury to unemancipated child caused by parent's negligence, 41 A.L.R.3d 904.

Physical abuse of child by parent as ground for termination of parent's right to child, 53 A.L.R.3d 605.

Sexual abuse of child by parent as ground for termination of parent's right to child, 58 A.L.R.3d 1074.

Right, in child custody proceedings, to cross-examine investigating officer whose report is used by court in its decision, 59 A.L.R.3d 1337.

Who has custody or control of child within terms of penal statute punishing cruelty or neglect by one having custody or control, 75 A.L.R.3d 933.

Right of indigent parent to appointed counsel in proceeding for involuntary termination of parental rights, 80 A.L.R.3d 1141.

Admissibility of expert medical testimony on battered child syndrome, 98 A.L.R.3d 306.

Custodial parent's sexual relations with third person as justifying modification of child custody order, 100 A.L.R.3d 625.

Liability of parent for injury to unemancipated child caused by parent's negligence - modern cases, 6 A.L.R.4th 1066.

Validity of state statute providing for termination of parental rights, 22 A.L.R.4th 774.

Admissibility at criminal prosecution of expert testimony on battering parent syndrome, 43 A.L.R.4th 1203.