O.C.G.A.

O.C.G.A. § 19-11-54 (2019)

By whom petition for minor obligee brought; guardian ad litem not necessary

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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A petition on behalf of a minor obligee may be brought by a person having custody of the minor without appointment as guardian ad litem.

History

Ga. L. 1958, p. 34, § 11.

Annotations

JUDICIAL DECISIONS To receive support payments custodian must have lawful custody. - When statute requires furnishing of support for dependent children to person having custody of those children, it is reasonably restricted to that person having lawful custody by virtue of a court order or

with the consent of the obligor parent. To hold otherwise would be to reward the physical custodian who is acting in actual defiance of and contrary to an order of the court of the responding state. Hethcox v. Hethcox, 146 Ga. App. 430, 246 S.E.2d 444, 1978 Ga. App. LEXIS 2392 (1978).

RESEARCH REFERENCES Am. Jur. 2d. 23 Am. Jur. 2d, Desertion and Nonsupport, § 129. C.J.S. 43 C.J.S., Infants, § 322 et seq. 67A C.J.S., Parent and Child, §§ 175, 203. U.L.A. Uniform Reciprocal Enforcement of Support Act (1958 Act) (U.L.A.) § 13.

ALR. Maintenance of suit by child, independently of statute, against parent for support, 13 A.L.R.2d 1142.

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: Evans v. State, 341 S.E.2d 865 (Ga. Ct. App. 1986).

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Evans v. State, 341 S.E.2d 865 (Ga. Ct. App. 1986). · cites it 4× “See also OCGA § 19-11-54. Williams, as mother and custodian of the minor child, was clearly competent to testify that the child was in need of support, and that $200 per month was required to support herself and the child.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.