Section 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:(1) May exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare; and(2) In the case of a surviving parent being criminally indicted for the offense of murder or voluntary manslaughter of the other parent, can proceed in the court's discretion.Amended by 2023 Ga. Laws 245,§ 4, eff. 7/1/2023.Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.