Section 19-9-2 – Right of surviving parent to custody of child; discretion of judge

May 11, 2021 | Family Law, Georgia

Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the judge, upon petition, may exercise discretion as to the custody of the child, looking solely to the child’s best interest and welfare.

OCGA § 19-9-2

Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.