WomensLaw serves and supports all survivors, no matter their sex or gender.
Legal Information: Georgia
Updated:
October 31, 202319-9-2. Right of surviving parent to custody of child
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.
© 2008–2024 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.