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O.C.G.A. § 29-2-3 — Guardian of minor children in event of divorce; death of spouse or former spouse | Georgia Code
O.C.G.A. § 29-2-3 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 29 GUARDIAN AND WARD

Section 2. Guardians of Minors, 29-2-1 through 29-2-77.

ARTICLE 1 MINORS

29-2-3. Guardian of minor children in event of divorce; death of spouse or former spouse.

  1. For purposes of this Code section, the terms "joint legal custody" and "sole custody" shall have the meanings as provided in Code Section 19-9-6.
  2. Except as otherwise provided in this chapter, each parent shall be the natural guardian of any minor child of the parent, except that, if the parents are divorced and one parent has sole custody of the minor, that parent is the sole natural guardian of that minor. If the parents have joint legal custody, both parents are the natural guardians of that minor.
  3. If one parent of a minor dies, the surviving parent is the sole natural guardian of the minor, even if the parents were divorced and the deceased parent had sole custody of the minor.

(Code 1981, §29-2-3, enacted by Ga. L. 2004, p. 161, § 1.)

Cross references.

- Parent and child relationship generally, § 19-7-1 et seq.

Circumstances justifying removal of child from parental custody, § 19-7-4.

Law reviews.

- For article, "Trusts for Dependents: Effect of Georgia's Support Obligation on Federal Income Taxation," see 8 Ga. St. B.J. 323 (1972).

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