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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 |
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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 |
REFS & ANNOS
TITLE 19 Chapter 9 Article 3 Part 3 NOTE
LAW REVIEWS. --For article, "Domestic Relations Law," see 53 Mercer L. Rev. 265 (2001).
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.
ENFORCEMENT OF FOREIGN CUSTODY DECREES. --Foreign custody decrees are enforceable merely by filing a certified copy with the clerk of superior court. Roehl v. O'Keefe, 243 Ga. 696, 256 S.E.2d 375 (1979) (decided under Code Section 19-9-55).
FAILURE TO DOMESTICATE FOREIGN DECREE. --Trial court lacked subject matter jurisdiction of a Florida decree that had not been domesticated. Kempton v. Richards, 233 Ga. App. 238, 503 S.E.2d 876 (1998) (decided under Code Section 19-9-55).
WITHOUT AN ORIGINAL SIGNATURE OR COURT SEAL, a foreign divorce decree did not meet the statutory requirements for proper domestication. Henderson v. Justice, 223 Ga. App. 591, 478 S.E.2d 434 (1996) (decided under Code Section 19-9-55).
DOMESTICATION OF FOREIGN DECREE. --Trial court did not domesticate Texas divorce decree and was therefore not authorized to modify child support and visitation provisions of that decree. McGowan v. McGowan, 231 Ga. App. 362, 498 S.E.2d 574 (1998) (decided under Code Section 19-9-55).
Act of simply appending a divorce and custody decree as an exhibit to a petition for modification of custody did not constitute a proper filing of the decree for purposes of the decree's domestication. Wylie v. Blatchley, 237 Ga. App. 563, 515 S.E.2d 855 (1999) (decided under Code Section 19-9-55).
RESEARCH REFERENCES
C.J.S. --50 C.J.S., Judgment's, §§ 1259 et seq., 1274.
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.
ENFORCEMENT OF FOREIGN CUSTODY DECREES. --Foreign custody decrees are enforceable merely by filing a certified copy with the clerk of superior court. Roehl v. O'Keefe, 243 Ga. 696, 256 S.E.2d 375 (1979) (decided under Code Section 19-9-55).
FAILURE TO DOMESTICATE FOREIGN DECREE. --Trial court lacked subject matter jurisdiction of a Florida decree that had not been domesticated. Kempton v. Richards, 233 Ga. App. 238, 503 S.E.2d 876 (1998) (decided under Code Section 19-9-55).
WITHOUT AN ORIGINAL SIGNATURE OR COURT SEAL, a foreign divorce decree did not meet the statutory requirements for proper domestication. Henderson v. Justice, 223 Ga. App. 591, 478 S.E.2d 434 (1996) (decided under Code Section 19-9-55).
DOMESTICATION OF FOREIGN DECREE. --Trial court did not domesticate Texas divorce decree and was therefore not authorized to modify child support and visitation provisions of that decree. McGowan v. McGowan, 231 Ga. App. 362, 498 S.E.2d 574 (1998) (decided under Code Section 19-9-55).
Act of simply appending a divorce and custody decree as an exhibit to a petition for modification of custody did not constitute a proper filing of the decree for purposes of the decree's domestication. Wylie v. Blatchley, 237 Ga. App. 563, 515 S.E.2d 855 (1999) (decided under Code Section 19-9-55).
RESEARCH REFERENCES
C.J.S. --50 C.J.S., Judgment's, §§ 1259 et seq., 1274.