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2023 CODE OF GEORGIA
Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7)
Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134)
Article 1 - GENERAL PROVISIONS (§§ 19-9-1 — 19-9-7)
Section 19-9-2 - Right of surviving parent to custody of child; discretion of judge
Universal Citation:
GA Code § 19-9-2 (2023)
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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.
Amended by 2023 Ga. Laws 245,§ 4, eff. 7/1/2023.
Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.
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