O.C.G.A. § 19-2-4 (2019)

Annotations

Cross references. Determination of domicile of non-minor university student based on domicile of parents, §§ 20-3-66, 39-1-1.

JUDICIAL DECISIONS Domicile of parents at time of birth is domicile of child, and remains the child’s domicile until changed in some manner as provided by law, either by a change of the domicile of the parents or of the parent whose domicile controls that of the child before the child reaches majority, or by a change in the domicile of the child. Squire v. Vazquez, 52 Ga. App. 712, 184 S.E. 629, 1936 Ga. App. LEXIS 231 (1936). Husband and wife separated. - When husband and wife are separated, the county of the husband’s residence is that of the minor children, unless he has

consented otherwise. Hunt v. Hunt, 94 Ga. 257, 21 S.E. 515, 1894 Ga. LEXIS 61 (1894). Children removed from state by widowed mother. - When children had been removed from the state by their widowed mother, who had married again but they frequently avowed an intention of returning to their former home, on an application for homestead out of their father’s property in the county in which the father dies resident, the question of domicile was for the jury, and a verdict in favor of the minor’s rights will not be disturbed.

Harkins v. Arnold, 46 Ga. 656, 1872 Ga. LEXIS 148 (1872). Child’s domicile changed to that of mother when father abandoned family. - That a father left his wife and minor child in Georgia to obtain employment for himself in Michigan and failed to provide for the family, except sending the family about $12.00 for about two years, authorized a finding that the father had voluntarily relinquished his parental authority over the child to the mother, thereby rendering the domicile of the child that of the child’s mother. Thus, a Michigan divorce decree awarding him the custody of the child was void for lack of jurisdiction, even though the mother filed an answer in the divorce proceeding, asking that she be awarded the child. Elliott v. Elliott, 181 Ga. 545, 182 S.E. 846 (1935). Child’s domicile changed to that of guardians when father relinquished custody. - Giving full faith and credit to the decree of a Tennessee court to which father of child relinquished his parental authority, which decree committed child to petitioners, residents of this state, it is clear that the child’s domicile was changed from Tennessee to Georgia. Herrin v. Graham, 87 Ga. App. 291, 73 S.E.2d 572, 1952 Ga. App. LEXIS 670 (1952), overruled, Davey v. Evans, 156 Ga. App. 698, 275 S.E.2d 769, 1980 Ga. App. LEXIS 3175 (1980). Minor leaving home with parental consent. - Change of domicile does not

result from the minor’s leaving home with the father’s consent, to live in another county and conduct a partnership business there in the minor’s own name for the minor and the minor’s father. Jackson v. Southern Flour & Grain Co., 146 Ga. 453, 91 S.E. 481, 1917 Ga. LEXIS 339 (1917). Choice by minor. - When a minor has neither father, mother, nor guardian, the minor may change the minor’s residence at will. Dampier v. McCall, 78 Ga. 607, 3 S.E. 563, 1887 Ga. LEXIS 37 (1887). Residence of ward who has come to years of discretion. - When ward has come to years of discretion, residence of guardian is not residence of ward, unless the ward chooses to make it the ward’s residence. Roberts v. Walker, 18 Ga. 5, 1855 Ga. LEXIS 165 (1855). Service of process on illegitimate child’s mother gives juvenile court jurisdiction. - Service of process on the mother in the county in which the mother of an illegitimate child resides is sufficient to give the county juvenile court jurisdiction over both the mother and the child, regardless of whether there was a “detention” of the child, and in spite of the fact that a welfare worker had obtained possession of the child outside of the state. Sanchez v. Walker County Dep’t of Family & Children Servs., 138 Ga. App. 49, 225 S.E.2d 441, 1976 Ga. App. LEXIS 2051, rev’d, 237 Ga. 406, 229 S.E.2d 66, 1976 Ga. LEXIS 1248 (1976).

OPINIONS OF THE ATTORNEY GENERAL Domicile of child for school purposes can be altered by voluntary relinquishment of parental authority if proper legal action has been taken or circumstances are present which secure to the person with whom the child is residing some legal obligation as to the child’s

welfare and education. 1970 Op. Att’y Gen. No. U70-8. Relinquished parental control of child. - If parental control of a child is relinquished to Georgia residents, the child is legally domiciled in this state. 1965-66 Op. Att’y Gen. No. 66-190.

RESEARCH REFERENCES Am. Jur. 2d. 25 Am. Jur. 2d, Domicil, § 37 et seq. C.J.S. 28 C.J.S., Domicile, § 22 et seq. 39 C.J.S., Guardian and Ward, § 14.

ALR. Emancipation by parent as affecting right of infant to change domicile or settlement, 5 A.L.R. 949. Approximation to maturity as affecting

the rule that an infant cannot change his domicile, 5 A.L.R. 958. Separate domicile of married woman or divorced woman as affecting citizenship, domicile, residence, or inhabitancy of children, 53 A.L.R. 1160. Does child, upon death of parent to whom custody had been awarded by decree of divorce, take the domicile of the other parent, 136 A.L.R. 914. Separate domicile of mother as affecting

domicile or residence of infant, 13 A.L.R.2d 306. Domicile of infant on death of both parents; doctrine of natural guardianship, 32 A.L.R.2d 863. Validity and application of provisions governing determination of residency for purpose of fixing fee differential for out-ofstate students in public college, 56 A.L.R.3d 641.