§ 19-9-125.Notice to noncustodial parent of execution of power of attorney; objection by noncustodial parent; compliance with relocation notice requirements
Chapter 9. Child Custody Proceedings · Article 4. Power of Attorney for the Care of a Child · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-9-125
Plain-English Summary
This section protects the parent who doesn’t have custody. When a person with sole custody of a child signs a power of attorney under this article, that person must give the noncustodial parent written notice within 15 days after the date the power of attorney was signed. The notice goes by certified mail, return receipt requested, or by statutory overnight delivery.
The noncustodial parent then has 21 days from delivery of the notice to object. The objection must be served on the person who signed the power of attorney, by the same methods: certified mail, return receipt requested, or statutory overnight delivery. An objection stops the power of attorney from operating, and the child must be returned to the parent with sole custody. The section doesn’t call for a court hearing before that happens; the objection itself does the work. The statutory form in § 19-9-134 asks the parent to swear that he or she gave this notice and received no objection in the required time.
Notice under this section isn’t the only notice owed. A parent with sole custody who signs a power of attorney must also follow any relocation notice rules that apply under § 19-9-3(f). In the custody cases that subsection covers, and unless a court order says otherwise, it requires a parent who changes residence to notify the other parent, and a custodial parent who moves to notify anyone else with visitation or parenting time, at least 30 days before the anticipated move, with the full new address. Whether those rules apply depends on the facts of the move. The section took effect September 1, 2018, and hasn’t been amended.
Frequently Asked Questions
Do I have to tell my child’s other parent if I sign a power of attorney in Georgia?
If you have sole custody, yes. You must send the noncustodial parent written notice within 15 days after signing the power of attorney, by certified mail, return receipt requested, or statutory overnight delivery. Separately, if parents are in a pending divorce or custody case, § 19-9-124 voids a power of attorney unless both parties agree, when both have custodial rights, or the judge allows it.
How long does a noncustodial parent have to object to a power of attorney in Georgia?
Twenty-one days from delivery of the notice. The noncustodial parent must serve the objection on the person who signed the power of attorney by certified mail, return receipt requested, or statutory overnight delivery. Keeping the mailing receipts helps prove when the notice arrived and when the objection went out.
What happens if the other parent objects to the power of attorney?
The power of attorney stops working. The section says an objection prohibits the power of attorney from operating under the article, and the child must be returned to the parent with sole custody. The parents can then sort out custody issues through the ordinary court process if they need to.
Does the objecting parent have to go to court?
Not under this section. It lets the noncustodial parent object and requires only that the objection be served on the person who signed the power of attorney, by certified mail, return receipt requested, or statutory overnight delivery, within 21 days of delivery of the notice. A served objection is enough to stop the power of attorney and send the child back to the parent with sole custody.
Do relocation notice rules apply when my child goes to live with an agent?
They may. A parent with sole custody who signs a power of attorney must also comply with any applicable relocation notice rules under § 19-9-3(f). In the custody cases § 19-9-3(f) covers, and unless a court order provides otherwise, those rules require a parent changing residence to give the other parent at least 30 days’ notice before the move, with the full new address. Whether they’re triggered depends on the move involved.
Amendment History
Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.