Title 29, Chapter 4, Section 2
(a) Unless otherwise provided in this Code section, if both parents
are alive, either parent is the natural guardian of a minor child.
If a parent is dead or if the parents are legally separated or
divorced, the parent having custody of the child is the natural
(b) The natural guardian may not demand or receive the property of
the child until such natural guardian becomes the legally qualified
guardian of the property of such child by the judge of the probate
court; provided, however, that, where the value of the property of
the child is $5,000.00 or less, no legally qualified guardian will
be required, and where the value of the property is greater than
$5,000.00 but less than $10,000.00, whether or not a legally
qualified guardian of the property will be required shall be in the
discretion of the judge of the probate court.
(c) If the natural guardian fails or refuses to qualify as guardian
of the property when required pursuant to subsection (b) of this
Code section, the judge of the probate court may appoint another
guardian to receive the property without publishing a citation as is
published in guardianship matters under other Code sections.