Sir:
You will need to file a motion to modify custody in the county where the child resides. I would recommend this is the done quickly. Otherwise, you will likely wind up in a fight for custody with some third-party relative. Generally, the surviving parent has the right to custody over a child in Georgia. Miele v. Gregory, 248 Ga. 93 (1981).
Susan D. Taylor
McGruder & Sumner706-291-7050
Answered on Nov 19th, 2012 at 9:56 AM