GA 19-9-2 - GA 19-9-2

19-9-2. Right of surviving parent to custody of child; discretion of judge. Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the judge, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare. (Orig. Code 1863, § 1745; Code 1868, § 1785; Code 1873, § 1794; Code 1882, § 1794; Civil Code 1895, § 2503; Civil Code 1910, § 3022; Code 1933, § 74-106; Ga. L. 1979, p. 466, § 42; Ga. L. 1996, p. 412, § 2; Ga. L. 2007, p. 554, § 5/HB 369.) Editor's notes. - Ga. L. 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides: "The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing c...