GA Code § 29-2-3 (2021)
2021 Georgia Code|Title 29 - Guardian and Ward|Chapter 2 - Guardians of Minors|Article 1 - Minors|Part 2 - Parental Rights in Guardian Selection|§ 29-2-3. Guardian of Minor Children in Event of Divorce; Death of Spouse or Former Spouse

  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.   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.   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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Rights of Natural Guardian   Bond    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 49-102 and former O.C.G.A. § 29-4-2 are included in the annotations for this Code section.   Probate court without authority to appoint guardian if living parent.    - Unless an appointment of a temporary guardian was made under former O.C.G.A. § 29-4-4.1, a probate court was without authority to appoint a guardian of the person for a minor child if the child had living parents, unless the parents relinquished or forfeited their rights in the child. 1983 Op. Att'y Gen. No. U83-37 (decided under former O.C.G.A. § 29-4-2).   Child support transfer not benefitting child improper.   - Transfer by parent of child support judgment without benefitting child is inconsistent with parent's duties as natural guardian of child and child's property. 1972 Op. Att'y Gen. No. 72-147 (decided under former Code 1933, § 49-102).   Parents responsible for locating child absent from school without authorization.   - Whereabouts of minor child would clearly seem to fall within area of parental or guardianship responsibility, and therefore, primary responsibility for locating a child who is absent from an educational center or school on an unauthorized basis would fall upon parents or other guardians or custodians. 1978 Op. Att'y Gen. No. 78-48 (decided under former Code 1933, § 49-102).    Domicile of minor is that of parents, but this can be altered where usual parental authority and control over the minor is ended by voluntary or involuntary relinquishment. 1981 Op. Att'y Gen. No. U81-5 (decided under former O.C.G.A. § 29-4-2).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, §§ 5 et seq., 89, 90.   13 Am. Jur. Pleading and Practice Forms, Guardian and Ward, §§ 2 et seq., 18 et seq.   C.J.S.   - 39 C.J.S., Guardian and Ward, §§ 12, 16.   ALR.    - Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.    Minority of parent as affecting right to guardianship or custody of person or estate of child, 19 A.L.R. 1043.    Attempt to bastardize child as affecting right to custody of the child, 37 A.L.R. 531.