---
title: O.C.G.A. § 44-5-127. Assertion of claim arising out of custodial relationship.
collection: code
id: 44-5-127
cite_as: O.C.G.A. § 44-5-127 (2025)
canonical_url: https://georgiacommons.org/code/44-5-127
md_url: https://georgiacommons.org/code/44-5-127.md
text_url: https://georgiacommons.org/code/44-5-127/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=492
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.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ACQUISITION AND LOSS OF PROPERTY / THE GEORGIA TRANSFERS TO MINORS ACT
---

# O.C.G.A. § 44-5-127. Assertion of claim arising out of custodial relationship.

(a) A claim based on:

(1) A contract entered into by a custodian acting in a custodial capacity;

(2) An obligation arising from the ownership or control of custodial property; or

(3) A tort committed during the custodianship

may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(b) A custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.

## History

Code 1981, § 44-5-127, enacted by Ga. L. 1990, p. 667, § 1.