reglab/housing_qa huggingface dataset:
GA Code § 19-9-52 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 1 - General Provisions|§ 19-9-52. Through 19-9-60

 Repealed by Ga. L. 2001, p. 129, § 1, effective April 7, 2001.   Editor's notes.   - Code Sections 19-9-52 through 19-9-60, relating to custody decrees generally, were based on Code 1933, §§ 74-513 through 74-521, enacted by Ga. L. 1978, p. 258, § 1.
GA Code § 19-9-63 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 2 - Jurisdiction|§ 19-9-63. Prerequisites for Modifying Custody Determination From Foreign Court

 Except as otherwise provided in Code Section 19-9-64, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (1) or (2) of subsection (a) of Code Section 19-9-61 and:    The court of the other state determines it no longer has exclusive, continuing jurisdiction under Code Section 19-9-62 or that a court of this state would be a more convenient forum under Code Section 19-9-67; or   A court of this state or a court of the other state determines that neither the child nor the child's parents or any person acting as a parent presently resides in the other state.     (Code 1981, §19-9-63, enacted by Ga. L. 2001, p. 129, § 1.)   RESEARCH REFERENCES   ALR.   - Construction and application of Uniform Child Custody Jurisdiction and Enforcement Act's significant connection jurisdiction provision, 52 A.L.R.6th 433.
GA Code § 19-9-65 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 2 - Jurisdiction|§ 19-9-65. Notice Required; Intervention

  Before a child custody determination is made under this article, notice and an opportunity to be heard in accordance with the standards of Code Section 19-9-47 must be given to all persons entitled to notice under the law of this state as in a child custody proceeding between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.   This article does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.   The obligation to join a party and the right to intervene as a party in a child custody proceeding under this article are governed by the law of this state as in child custody proceedings between residents of this state.     (Code 1981, §19-9-65, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-68 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 2 - Jurisdiction|§ 19-9-68. Wrongfully Obtained Jurisdiction; Actions to Prevent Repetition of Unjustifiable Conduct; Expenses

  Except as otherwise provided in Code Section 19-9-64 or by any other law of this state, if a court of this state has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:   The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;   A court of the state otherwise having jurisdiction under Code Sections 19-9-61 through 19-9-63 determines that this state is a more appropriate forum under Code Section 19-9-67; or   No court of any other state would have jurisdiction under the criteria specified in Code Sections 19-9-61 through 19-9-63.     If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this Code section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Code Sections 19-9-61 through 19-9-63.   If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this Code section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this article.     (Code 1981, §19-9-68, enacted by Ga. L. 2001, p. 129, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 20 Am. Jur. 2d, Courts, §§ 59, 109 et seq.   C.J.S.   - 21 C.J.S., Courts, §§ 80 et seq., 103.   U.L.A.   - Uniform Child Custody Jurisdiction Act (U.L.A.) § 8.   ALR.   - Child custody: when does state that issued previous custody determination have continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.   Parties' misconduct as ground for declining jurisdiction under § 8 of the Uniform Child Custody Jurisdiction Act (UCCJA), 16 A.L.R.5th 650.
GA Code § 19-9-70 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 2 - Jurisdiction|§ 19-9-70. Requiring Appearance for in State and Out of State Residents; Other Court Orders

  In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.   If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Code Section 19-9-47 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.   The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this Code section.   If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this Code section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.     (Code 1981, §19-9-70, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-81 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-81. Definitions

 As used in this part, the term:    "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.   "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.     (Code 1981, §19-9-81, enacted by Ga. L. 2001, p. 129, § 1.)   Law reviews.   - For note on the 2001 enactments of O.C.G.A. §§ 19-9-81 to19-9-97, see 18 Ga. St. U.L. Rev. 58 (2001).   RESEARCH REFERENCES   ALR.   - Construction and application of provision of Hague convention on civil aspects of international child abduction specifying one-year period for parent to file for return of child wrongfully removed from or retained outside country of habitual residence, as implemented in International Child Abduction Remedies Act, 42 U.S.C.A. § 11603(b), (f)(3), 79 A.L.R. Fed. 2d 481.
GA Code § 19-9-82 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-82. Orders Made Under the Hague Convention

 Under this part a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.    (Code 1981, §19-9-82, enacted by Ga. L. 2001, p. 129, § 1.)   RESEARCH REFERENCES   ALR.   - Construction and application of consent and acquiescence defenses under Article 13 of Hague Convention on the Civil Aspects of International Child Abduction, 5 A.L.R. Fed. 3d 1.   Construction and application of provision of Hague convention on civil aspects of international child abduction specifying one-year period for parent to file for return of child wrongfully removed from or retained outside country of habitual residence, as implemented in International Child Abduction Remedies Act, 42 U.S.C.A. § 11603(b), (f)(3), 79 A.L.R. Fed. 2d 481.
GA Code § 19-9-83 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-83. Recognition of Foreign Custody Decrees; Remedies

  A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this article or the determination was made under factual circumstances meeting the jurisdictional standards of this article and the determination has not been modified in accordance with this article.   A court of this state may utilize any remedy available under other laws of this state to enforce a child custody determination made by a court of another state. The remedies provided in this part are cumulative and do not affect the availability of other remedies to enforce a child custody determination.     (Code 1981, §19-9-83, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-84 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-84. Authority to Enter Temporary Orders if Lacking Jurisdiction; Remedy From Court With Jurisdiction; Victims of Family Violence

  A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:   A visitation schedule made by a court of another state; or   The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.     If a court of this state makes an order under paragraph (2) of subsection (a) of this Code section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in Part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires.   If a court of another state or a court of this state has made a finding of family violence on the part of either parent of the child, in issuing a temporary order enforcing a visitation schedule or the visitation provisions of a child custody determination of another state in accordance with subsection (a) of this Code section, a court of this state may enter any orders necessary to ensure the safety of the child and of any person who has been the victim of family violence, including but not limited to an order for supervised visitation pursuant to Code Section 19-9-7.     (Code 1981, §19-9-84, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-86 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-86. Granting Relief and Enforcing Registered Custody Determinations

  A court of this state may grant any relief normally available under the laws of this state to enforce a registered child custody determination made by a court of another state.   A court of this state shall recognize and enforce, but may not modify, except in accordance with Part 2 of this article, a registered child custody determination of a court of another state.     (Code 1981, §19-9-86, enacted by Ga. L. 2001, p. 129, § 1.)   RESEARCH REFERENCES   C.J.S.   - 50 C.J.S., Judgments, § 1297 et seq.
GA Code § 19-9-87 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-87. Communication Between Enforcing Court and Modifying Court

 If a proceeding for enforcement under this part is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under Part 2 of this article, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.    (Code 1981, §19-9-87, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-89 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-89. Service of Petitions and Orders

 Except as otherwise provided in Code Section 19-9-91, the petition and order must be served, by any method authorized by the laws of this state, upon respondent and any person who has physical custody of the child.    (Code 1981, §19-9-89, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-90 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-90. Finding of Immediate Physical Custody; Awarding of Fees, Costs, and Expenses; Drawing Adverse Inference From Refusal to Testify; Spousal Relationship Irrelevant

  Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:   The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:   The issuing court did not have jurisdiction under Part 2 of this article;   The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article; or   The respondent was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47, in the proceedings before the court that issued the order for which enforcement is sought; or     The child custody determination for which enforcement is sought was registered and confirmed under Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article.     The court shall award the fees, costs, and expenses authorized under Code Section 19-9-92 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.   If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.   A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part.     (Code 1981, §19-9-90, enacted by Ga. L. 2001, p. 129, § 1.)   Cross references.   - Privilege against self-incrimination, § 24-5-506.   JUDICIAL DECISIONS   Parent entitled to fees and costs for enforcement of foreign child custody decree.    - Georgia trial court's award of attorney's fees and costs to a parent for enforcing an Indiana child custody decree was authorized under O.C.G.A. §§ 19-9-90 and19-9-92, although the Indiana order had not been registered; the parent's petition was brought primarily under O.C.G.A. §§ 19-9-83 and19-9-88 to enforce the visitation provisions of the existing decree; that the parent also requested modification and domestication of the custody determination did not change the result. Ward v. Smith, 334 Ga. App. 876, 780 S.E.2d 702 (2015).
GA Code § 19-9-91 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-91. Verified Application for Warrant Seeking Physical Custody; Requirement for Serious Physical Harm; Warrant Requirements; Enforceability; Conditions

  Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.   If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection (b) of Code Section 19-9-88.   A warrant to take physical custody of a child must:   Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;   Direct law enforcement officers to take physical custody of the child immediately; and   Provide for the placement of the child pending final relief.     The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.   A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.   The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.     (Code 1981, §19-9-91, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-92 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-92. Awarding of Necessary and Reasonable Expenses

  The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.   The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.     (Code 1981, §19-9-92, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-93 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-93. Full Faith and Credit to Orders of Other States

 A court of this state shall accord full faith and credit to an order issued by another state and consistent with this article which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Part 2 of this article.    (Code 1981, §19-9-93, enacted by Ga. L. 2001, p. 129, § 1.)   Cross references.   - Faith and credit among states, U.S. Const., Art. IV, Sec. I.   JUDICIAL DECISIONS   Out of state judgment did not have to be followed as to tax exemption after custody award changed.    - Because there was reasonable evidence of changed circumstances which supported the trial court's award of physical custody of the children to the mother, the court was not bound by the prior ruling of a Wyoming court with respect to the dependency exemption; thus, the court did not err in finding that the parent who was awarded physical custody of the children, the mother, was entitled to claim the dependency exemptions for the three children. Blumenshine v. Hall, 329 Ga. App. 449, 765 S.E.2d 647 (2014).    Cited in Daniels v. Barnes, 289 Ga. App. 897, 658 S.E.2d 472 (2008).   RESEARCH REFERENCES   C.J.S.   - 50 C.J.S., Judgments, § 1278 et seq.
GA Code § 19-9-94 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-94. Appeals

 An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Code Section 19-9-64, the enforcing court may not stay an order enforcing a child custody determination pending appeal.    (Code 1981, §19-9-94, enacted by Ga. L. 2001, p. 129, § 1.)
GA Code § 19-9-95 (2021)
2021 Georgia Code|Title 19 - Domestic Relations|Chapter 9 - Child Custody Proceedings|Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act|Part 3 - Jurisdiction and Enforcement of Foreign Decrees|§ 19-9-95. Actions by District Attorney

  In a case arising under this article or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resort to a proceeding under this part or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:   An existing child custody determination;   A request to do so from a court in a pending child custody proceeding;   A reasonable belief that a criminal statute has been violated; or   A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.     A district attorney acting under this Code section acts on behalf of the court and may not represent any party.     (Code 1981, §19-9-95, enacted by Ga. L. 2001, p. 129, § 1.)   RESEARCH REFERENCES   ALR.   - Construction and application of consent and acquiescence defenses under Article 13 of Hague Convention on the Civil Aspects of International Child Abduction, 5 ALR Fed. 3d 1.