§ 19-2-4.Domicile of minor
Chapter 2. Domicile · Last amended 1988 · Last verified October 9, 2026
Full Text of § 19-2-4
Plain-English Summary
A child can’t choose a legal home, so the law assigns one. This section tells you whose domicile a minor child shares, and it works through the possibilities in order.
Subsection (a) covers children living with or tied to their parents. If both parents are domiciled in the same county, the child’s domicile is that of the parents. If the parents are divorced, separated or widowed, or if one parent is not domiciled in the same county as the other, the child’s domicile is that of the custodial parent. A child born out of wedlock has the domicile of the child’s mother. That last rule fits with § 19-7-25, which says only the mother of a child born out of wedlock is entitled to custody unless the father legitimates the child under § 19-7-22.
Subsection (b) covers children whose parents no longer have custody. If the parents voluntarily gave up custody to a third person, or a court order took custody from them, the child’s domicile is that of the person who has legal custody. If there is no legal custodian, the child’s domicile is the guardian’s — but only if the guardian is domiciled in Georgia. If there is neither a legal custodian nor a guardian, the child’s domicile is determined as if the child were an adult, using the rules in § 19-2-1 and § 19-2-2.
A child’s domicile matters in practice. For example, § 19-8-2 lets a court, on good cause, allow an adoption petition to be filed in the county of the child’s domicile. And § 19-2-6 adds that a person whose domicile depends on someone else’s can’t change it on their own. The section was last amended in 1988.
Frequently Asked Questions
What is my child’s domicile after a divorce in Georgia?
Your child’s domicile is that of the custodial parent. This section says that if a minor child’s parents are divorced, separated or widowed, or if one parent isn’t domiciled in the same county as the other, the child’s domicile is the custodial parent’s. Custody itself is decided under other parts of Title 19, such as § 19-9-3.
Whose domicile does a child born out of wedlock have in Georgia?
The mother’s. The section states that the domicile of a minor child born out of wedlock shall be that of the child’s mother. This lines up with § 19-7-25, which makes the mother the only parent entitled to custody of such a child unless the father legitimates the child under § 19-7-22. This section doesn’t separately address domicile after legitimation.
If grandparents have custody, is the child’s domicile with them?
Yes, if they have legal custody. Under subsection (b), when parents have voluntarily relinquished custody to a third person, or a court order has deprived them of custody, the child’s domicile is that of the person having legal custody. So grandparents with legal custody would supply the child’s domicile.
What if a child has a guardian but no legal custodian?
The child’s domicile is the guardian’s — if the guardian is domiciled in Georgia. Subsection (b) applies this rule only when there is no legal custodian. If there is neither a legal custodian nor a guardian, the child’s domicile is determined as if the child were an adult, under the general rules in § 19-2-1.
What happens to a child’s domicile when parents share custody?
The section doesn’t speak to shared custody directly. It says that when parents are divorced, separated or widowed, or live in different counties, the child’s domicile is that of “the custodial parent,” but it doesn’t explain how to apply that phrase when custody is split. If the answer matters in a case, the court decides it on the facts and the custody order.
Amendment History
Laws 1984, p. 612, § 1; Laws 1988, p. 1720, § 1.
Formerly Code 1863, § 1647; Code 1868, § 1692; Code 1873, § 1693; Code 1882, § 1693; Civil Code 1895, § 1827; Civil Code 1910, § 2184; Code 1933, § 79-404.