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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 19. DOMESTIC RELATIONS |
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Chapter 9. CHILD CUSTODY PROCEEDINGS |
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Article 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT |
| Part 1. GENERAL PROVISIONS |
| § 19-9-40. Short title |
| § 19-9-41. Definitions |
| § 19-9-42. Article inapplicable to adoptions or authorizations for emergency care |
| § 19-9-43. Proceeding pertaining to Indian child exempted from article |
| § 19-9-44. Child custody determinations of foreign country |
| § 19-9-45. Binding authority of child custody determination |
| § 19-9-46. Priority given question of existence or exercise of jurisdiction |
| § 19-9-47. Notice and proof of service on persons outside the state |
| § 19-9-48. Personal jurisdiction not obtained in other matters; service of process |
| § 19-9-49. Communication between court of this state and other states; "record" defined |
| § 19-9-50. Testimony by deposition; electronic deposition; evidence transmitted by technological means not to be excluded |
| § 19-9-51. Hearings and studies in another state; costs |
| § 19-9-52 through 19-9-60. |
| Part 2. JURISDICTION |
| § 19-9-61. Jurisdiction requirements for initial child custody determinations; physical presence alone insufficient |
| § 19-9-62. Prerequisites for termination of exclusive, continuing jurisdiction |
| § 19-9-63. Prerequisites for modifying custody determination from foreign court |
| § 19-9-64. Temporary emergency jurisdiction; continuing effect; communicating with other courts |
| § 19-9-65. Notice required; intervention |
| § 19-9-66. Procedure where proceedings pending in another state |
| § 19-9-67. Finding of inconvenient forum; conditions |
| § 19-9-68. Wrongfully obtained jurisdiction; actions to prevent repetition of unjustifiable conduct; expenses |
| § 19-9-69. Information required as part of pleading or affidavit; continuing duty; sealing of information; children residing in family violence shelters |
| § 19-9-70. Requiring appearance for in state and out of state residents; other court orders |
| Part 3. JURISDICTION AND ENFORCEMENT OF FOREIGN DECREES |
| § 19-9-81. Definitions |
| § 19-9-82. Orders made under the Hague Convention |
| § 19-9-83. Recognition of foreign custody decrees; remedies |
| § 19-9-84. Authority to enter temporary orders if lacking jurisdiction; remedy from court with jurisdiction; victims of family violence |
| § 19-9-85. Registering foreign custody determinations; requirements of registering court; contesting registration; confirmation of registered order |
| § 19-9-86. Granting relief and enforcing registered custody determinations |
| § 19-9-87. Communication between enforcing court and modifying court |
| § 19-9-88. Verification and petition for enforcement requirements; sealing; appearance; expenses |
| § 19-9-89. Service of petitions and orders |
| § 19-9-90. Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant |
| § 19-9-91. Verified application for warrant seeking physical custody; requirement for serious physical harm; warrant requirements; enforceability; conditions |
| § 19-9-92. Awarding of necessary and reasonable expenses |
| § 19-9-93. Full faith and credit to orders of other states |
| § 19-9-94. Appeals |
| § 19-9-95. Actions by district attorney |
| § 19-9-96. Assistance by law enforcement |
| § 19-9-97. Recovering expenses of district attorney and law enforcement |
| Part 4. CONSTRUCTION |
| § 19-9-101. Promotion of uniformity between states |
| § 19-9-102. Application |
| § 19-9-103. Construction |
| § 19-9-104. "Conflicts with Child Custody Intrastate Jurisdiction Act." |
REFS & ANNOS
TITLE 19 Chapter 9 Article 3 NOTE
EDITOR'S NOTES. --For additional cases dealing with custody of children, see annotations under § 9-14-2, dealing with habeas corpus on account of detention of child, and under §§ 19-7-1 and 19-7-4, dealing with parental powers and loss of parental custody.
Ga. L. 2001, p. 129, § 1, effective July 1, 2001, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 19-9-40 through 19-9-64, relating to the Uniform Child Custody Jurisdiction Act, and was based on Code 1933, §§ 74-501 through 74-525, enacted by Ga. L. 1978, p. 258, § 1; Ga. L. 1988, p. 1408, § 1.
LAW REVIEWS. --For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For article, "Enforcing the Full Faith and Credit Clause: Congress Legislates Finality for Child Custody Decrees," see 1 Ga. St. U.L. Rev. 157 (1985). For article, "Child Custody--Jurisdiction and Procedure," see 35 Emory L.J. 291 (1986). For article, "Domestic Relations Law," see 53 Mercer L. Rev. 265 (2001).
For note, "The UCCJA: Coming of Age," see 34 Mercer L. Rev. 861 (1983).
JUDICIAL DECISIONS
EDITOR'S NOTES. --Some of the decisions cited below were decided under the Uniform Child Custody Jurisdiction Act, former Code 1933, §§ 74-501 through 74-525, subsequently codified as §§ 19-9-40 through 19-9-64.
APPLICABILITY OF ARTICLE. --Former Uniform Child Custody Jurisdiction Act was applicable only to states, territories, or possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. Richardson v. Richardson, 257 Ga. 101, 355 S.E.2d 664 (1987) (decided under former Uniform Child Custody Jurisdiction Act).
AMONG THE PRIMARY PURPOSES OF THE FORMER UNIFORM CHILD CUSTODY JURISDICTION ACT was to avoid overlapping adjudication and to prevent judgment races. Webb v. Webb, 245 Ga. 650, 266 S.E.2d 463 (1980), cert. dismissed, 451 U.S. 493, 101 S. Ct. 1889, 68 L. Ed. 2d 392 (1981) (decided under former Uniform Child Custody Jurisdiction Act).
GEORGIA WILL RECOGNIZE AND ENFORCE CUSTODY MODIFICATIONS OF OTHER STATES if proceedings were in accordance with the provisions of the former Uniform Child Custody Jurisdiction Act. Brenner v. Cavin, 163 Ga. App. 694, 295 S.E.2d 135 (1982) (decided under former Uniform Child Custody Jurisdiction Act).
RESEARCH REFERENCES
AM. JUR. 2D. --24A Am. Jur. 2d, Divorce and Separation, §§ 868, 874. 39 Am. Jur. 2d, Habeas Corpus, §§ 95 et seq., 107. 59 Am. Jur. 2d, Parent and Child, § 26 et seq.
C.J.S. --27C C.J.S., Divorce, §§ 611, 612. 39 C.J.S., Habeas Corpus, § 241 et seq. 43 C.J.S., Infants, §§ 10 et seq.. 67A C.J.S., Parent and Child, § 94 et seq.
U.L.A. --Uniform Child Custody Jurisdiction Act (U.L.A.) § 1.
ALR. --Validity, construction, and application of Uniform Child Custody Jurisdiction Act, 96 ALR3d 968; 78 ALR4th 1028.
Recognition and enforcement of out-of-state custody decree under § 13 of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(a), 40 ALR5th 227.
Ga. L. 2001, p. 129, § 1, effective July 1, 2001, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 19-9-40 through 19-9-64, relating to the Uniform Child Custody Jurisdiction Act, and was based on Code 1933, §§ 74-501 through 74-525, enacted by Ga. L. 1978, p. 258, § 1; Ga. L. 1988, p. 1408, § 1.
LAW REVIEWS. --For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For article, "Enforcing the Full Faith and Credit Clause: Congress Legislates Finality for Child Custody Decrees," see 1 Ga. St. U.L. Rev. 157 (1985). For article, "Child Custody--Jurisdiction and Procedure," see 35 Emory L.J. 291 (1986). For article, "Domestic Relations Law," see 53 Mercer L. Rev. 265 (2001).
For note, "The UCCJA: Coming of Age," see 34 Mercer L. Rev. 861 (1983).
JUDICIAL DECISIONS
EDITOR'S NOTES. --Some of the decisions cited below were decided under the Uniform Child Custody Jurisdiction Act, former Code 1933, §§ 74-501 through 74-525, subsequently codified as §§ 19-9-40 through 19-9-64.
APPLICABILITY OF ARTICLE. --Former Uniform Child Custody Jurisdiction Act was applicable only to states, territories, or possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. Richardson v. Richardson, 257 Ga. 101, 355 S.E.2d 664 (1987) (decided under former Uniform Child Custody Jurisdiction Act).
AMONG THE PRIMARY PURPOSES OF THE FORMER UNIFORM CHILD CUSTODY JURISDICTION ACT was to avoid overlapping adjudication and to prevent judgment races. Webb v. Webb, 245 Ga. 650, 266 S.E.2d 463 (1980), cert. dismissed, 451 U.S. 493, 101 S. Ct. 1889, 68 L. Ed. 2d 392 (1981) (decided under former Uniform Child Custody Jurisdiction Act).
GEORGIA WILL RECOGNIZE AND ENFORCE CUSTODY MODIFICATIONS OF OTHER STATES if proceedings were in accordance with the provisions of the former Uniform Child Custody Jurisdiction Act. Brenner v. Cavin, 163 Ga. App. 694, 295 S.E.2d 135 (1982) (decided under former Uniform Child Custody Jurisdiction Act).
RESEARCH REFERENCES
AM. JUR. 2D. --24A Am. Jur. 2d, Divorce and Separation, §§ 868, 874. 39 Am. Jur. 2d, Habeas Corpus, §§ 95 et seq., 107. 59 Am. Jur. 2d, Parent and Child, § 26 et seq.
C.J.S. --27C C.J.S., Divorce, §§ 611, 612. 39 C.J.S., Habeas Corpus, § 241 et seq. 43 C.J.S., Infants, §§ 10 et seq.. 67A C.J.S., Parent and Child, § 94 et seq.
U.L.A. --Uniform Child Custody Jurisdiction Act (U.L.A.) § 1.
ALR. --Validity, construction, and application of Uniform Child Custody Jurisdiction Act, 96 ALR3d 968; 78 ALR4th 1028.
Recognition and enforcement of out-of-state custody decree under § 13 of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(a), 40 ALR5th 227.