§ 19-11-54.By whom petition for minor obligee brought; guardian ad litem not necessary
Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 1958 · Last verified October 9, 2026
Full Text of § 19-11-54
Plain-English Summary
This section settles who may file a support petition for a child under Georgia’s old reciprocal support article. The answer is short: a person having custody of the minor may bring the petition on the minor’s behalf without being appointed guardian ad litem. Custody is enough. The section doesn’t limit the custodian to a parent; it speaks of “a person having custody of the minor.” The petition itself still had to meet § 19-11-52 and be filed in the obligee’s county under § 19-11-51.
Article 2 has taken no new cases since January 1, 1998. Section 19-11-40.1 bars any new petition or proceeding under it on or after that date and limits it to proceedings already pending, with the General Assembly directing later filings to Article 3, the Uniform Interstate Family Support Act. Article 3 addresses a related question in § 19-11-121, which lets a minor parent, or a guardian or other legal representative of a minor parent, maintain a proceeding on behalf of or for the benefit of the minor’s child.
Frequently Asked Questions
Could I file a URESA support petition for my child without being appointed guardian?
Yes, if you had custody. The section lets a person having custody of the minor bring the petition on the minor’s behalf without appointment as guardian ad litem. The article now governs only proceedings pending before January 1, 1998, under § 19-11-40.1.
Who could file a URESA petition for a minor?
Could a grandparent with custody file a URESA petition for a grandchild?
The section’s words cover it. It speaks of “a person having custody of the minor,” without limiting that person to a parent. So a grandparent or other relative with custody fits the text. As with any petition under the article, a duty of support had to exist and the filing had to meet §§ 19-11-51 and 19-11-52.
Can a teenage parent bring a support case for their own child?
Under Article 3, yes. Section 19-11-121 says a minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. This section addresses a different question: who may sue for a minor obligee.
Can I rely on this section to start a support case today?
No. Section 19-11-40.1 says no new petition may be filed and no proceeding may be started under Article 2 on or after January 1, 1998. New interstate cases fall under Article 3, the Uniform Interstate Family Support Act, beginning at § 19-11-100.
Amendment History
Laws 1958, p. 34, § 11.