§ 19-9-2 - Right of surviving parent to custody of child; discretion of judge
               	 		
O.C.G.A.    19-9-2   (2010)
   19-9-2.    Right of surviving parent to custody of child; discretion of judge 
      Upon  the death of either parent, the survivor is entitled to custody of the  child; provided, however, that the judge, upon petition, may exercise  discretion as to the custody of the child, looking solely to the child's  best interest and welfare.