---
title: O.C.G.A. § 29-2-3. Guardian of minor children in event of divorce; death of spouse or former spouse.
collection: code
id: 29-2-3
cite_as: O.C.G.A. § 29-2-3 (2025)
canonical_url: https://georgiacommons.org/code/29-2-3
md_url: https://georgiacommons.org/code/29-2-3.md
text_url: https://georgiacommons.org/code/29-2-3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-2018-pdf.pdf?sfvrsn=f493d811_0#page=421
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/29-2.md
previous: https://georgiacommons.org/code/29-2-2.md
next: https://georgiacommons.org/code/29-2-4.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: GUARDIAN AND WARD / GUARDIANS OF MINORS / MINORS / PARENTAL RIGHTS IN GUARDIAN SELECTION
---

# O.C.G.A. § 29-2-3. Guardian of minor children in event of divorce; death of spouse or former spouse.

(a) 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.

(b) 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.

(c) 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.

## History

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).