reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 1 - GENERAL PROVISIONS (§§ 19-9-1 — 19-9-7) › Section 19-9-7 - Visitation by parent who has committed acts of family violence; conditional orders; confidentiality; joint counseling; conditions for supervised visitation

(a)
A judge may award visitation or parenting time to a parent who committed one or more acts involving family violence only if the judge finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation or parenting time order, a judge may:
(1)
Order an exchange of a child to occur in a protected setting;
(2)
Order visitation or parenting time supervised by another person or agency;
(3)
Order the perpetrator of family violence to attend and complete, to the satisfaction of the judge, a certified family violence intervention program for perpetrators as defined in Article 1A of Chapter 13 of this title as a condition of the visitation or parenting time;
(4)
Order the perpetrator of family violence to abstain from possession or consumption of alcohol, marijuana, or any Schedule I controlled substance listed in Code Section
16-13-25
during the visitation or parenting time and for 24 hours preceding the visitation or parenting time;
(5)
Order the perpetrator of family violence to pay a fee to defray the costs of supervised visitation or parenting time;
(6)
Prohibit overnight visitation or parenting time;
(7)
Require a bond from the perpetrator of family violence for the return and safety of the child; and
(8)
Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or another family or household member.
(b)
Whether or not visitation or parenting time is allowed, the judge may order the address of the child and the victim of family violence to be kept confidential.
(c)
The judge shall not order an adult who is a victim of family violence to attend joint counseling with the perpetrator of family violence as a condition of receiving custody of a child or as a condition of visitation or parenting time.
(d)
If a judge allows a family or household member to supervise visitation or parenting time, the judge shall establish conditions to be followed during visitation or parenting time.
Amended by 2007 Ga. Laws 264,§ 5, eff. 1/1/2008.
Amended by 2002 Ga. Laws 989, § 2, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 2 - CHILD CUSTODY INTRASTATE JURISDICTION ACT (§§ 19-9-20 — 19-9-24) › Section 19-9-20 - Short title

This article shall be known and may be cited as the "Georgia Child Custody Intrastate Jurisdiction Act of 1978."
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 2 - CHILD CUSTODY INTRASTATE JURISDICTION ACT (§§ 19-9-20 — 19-9-24) › Section 19-9-21 - Purpose; construction

(a)
The general purposes of this article are to:
(1)
Avoid jurisdictional competition and conflict by courts within this state in matters of child custody, which have in the past resulted in the shifting of children from county to county with harmful effects on their well-being;
(2)
Promote cooperation by the courts of this state, to the end that a custody decree is rendered by the court which can best decide the case in the interest of the child;
(3)
Assure that litigation concerning the custody of a child ordinarily takes place in the court with which the child and his family have the closest connection and where significant evidence concerning the care, protection, training, and personal relationships of the child is most readily available and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another court of this state;
(4)
Discourage continuing controversies over child custody, in the interest of greatest stability of home environment and of secure family relationships for the child;
(5)
Deter abductions and other unilateral removals of children undertaken to obtain custody awards;
(6)
Avoid relitigation of custody decisions of other courts in this state insofar as is feasible;
(7)
Facilitate the enforcement of custody decrees;
(8)
Make uniform the practice and procedure of the courts of this state in child custody matters.
(b)
This article shall be construed to promote the general purposes stated in subsection (a) of this Code section.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 2 - CHILD CUSTODY INTRASTATE JURISDICTION ACT (§§ 19-9-20 — 19-9-24) › Section 19-9-22 - Definitions

As used in this article, the term:
(1)
"Legal custody" means the responsibility for the care and control of a minor, including, but not limited to, the power to make decisions regarding health care, education, extracurricular activities, and religious upbringing.
(2)
"Physical custody" means the custody schedule established for the child pursuant to Code Section
19-9-1
, which includes parenting time.
Amended by 2019 Ga. Laws 281,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 2 - CHILD CUSTODY INTRASTATE JURISDICTION ACT (§§ 19-9-20 — 19-9-24) › Section 19-9-23 - Actions to obtain change of legal or physical custody; use of certain complaints prohibited

(a)
A complaint seeking a change of legal custody or physical custody shall be initiated in compliance with Article VI, Section II, Paragraph VI of the Constitution of this state.
(b)
No complaint specified in subsection (a) of this Code section shall be made in response to:
(1)
A petition for a writ of habeas corpus seeking to enforce a child custody order; or
(2)
Any other action or motion seeking to enforce a child custody order, including, but not limited to, a motion for contempt.
(c)
The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited.
(d)
A party may bring a counterclaim for modification of legal custody or physical custody in response to a complaint brought under subsection (a) of this Code section.
Amended by 2019 Ga. Laws 281,§ 2, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 2 - CHILD CUSTODY INTRASTATE JURISDICTION ACT (§§ 19-9-20 — 19-9-24) › Section 19-9-24 - Actions by physical or legal custodian not permitted in certain instances

(a)
A physical custodian shall not be allowed to maintain against the legal custodian any action for divorce, alimony, child custody, change of alimony, change of child custody, or change of visitation rights or any application for contempt of court so long as custody of the child is withheld from the legal custodian in violation of the custody order.
(b)
A legal custodian shall not be allowed to maintain any action for divorce, alimony, child custody, change of alimony, change of child custody, or change of visitation rights or any application for contempt of court so long as visitation rights are withheld in violation of the custody order.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-40 - Short title

This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
Added by 2001 Ga. Laws 28, §1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-42 - Article inapplicable to adoptions or authorizations for emergency care

This article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-43 - Proceeding pertaining to Indian child exempted from article

(a)
A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act,
25 U.S.C. Section 1901
et seq., is not subject to this article to the extent that it is governed by the Indian Child Welfare Act.
(b)
A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this part and Part 2 of this article.
(c)
A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-44 - Child custody determinations of foreign country

(a)
A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying this part and Part 2 of this article.
(b)
Except as otherwise provided in subsection (c) of this Code section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.
(c)
A court of this state need not apply this article if the child custody law of a foreign country violates fundamental principles of human rights.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-45 - Binding authority of child custody determination

A child custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with Code Section
19-9-47
or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-46 - Priority of question of jurisdiction

If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-47 - Notice and proof of service on persons outside the state

(a)
Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b)
Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c)
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-48 - Personal jurisdiction not obtained in other matters; service of process

(a)
A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b)
A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c)
The immunity granted by subsection (a) of this Code section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this article committed by an individual while present in this state.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-49 - Communication between court of this state and other states

(a)
A court of this state may communicate with a court in another state concerning a proceeding arising under this article and concerning any proceeding or court order in another state relating to family violence. A court of this state may consult any state or national registry of court orders relating to family violence with regard to any party.
(b)
The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c)
Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d)
Except as otherwise provided in subsection (c) of this Code section, a record must be made of any communication under this Code section. The parties must be informed promptly of the communication and granted access to the record.
(e)
For the purposes of this Code section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-50 - Testimony by deposition; electronic deposition; evidence transmitted by technological means not to be excluded

(a)
In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b)
A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c)
Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-51 - Hearings and studies in another state; costs

(a)
A court of this state may request the appropriate court of another state to:
(1)
Hold an evidentiary hearing;
(2)
Order a person to produce or give evidence pursuant to procedures of that state;
(3)
Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4)
Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5)
Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b)
Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this Code section.
(c)
Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this Code section may be assessed against the parties according to the law of this state.
(d)
A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 1 - GENERAL PROVISIONS (§§ 19-9-40 — 19-9-52) › Section 19-9-52 - through 19-9-60 - [Repealed]

Repealed by Ga. L. 2001, p. 129, § 1, effective April 7, 2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-61 - Jurisdiction requirements for initial child custody determinations; physical presence alone insufficient

(a)
Except as otherwise provided in Code Section
19-9-64
, a court of this state has jurisdiction to make an initial child custody determination only if:
(1)
This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2)
A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Code Section
19-9-67
or
19-9-68
and:
(A)
The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B)
Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3)
All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Code Section
19-9-67
or
19-9-68
; or
(4)
No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3) of this subsection.
(b)
Subsection (a) of this Code section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(c)
Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-62 - Prerequisites for termination of exclusive, continuing jurisdiction

(a)
Except as otherwise provided in Code Section
19-9-64
, a court of this state which has made a child custody determination consistent with Code Section
19-9-61
or
19-9-63
has exclusive, continuing jurisdiction over the determination until:
(1)
A court of this state determines that neither the child nor the child's parents or any person acting as a parent has a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2)
A court of this state or a court of another state determines that neither the child nor the child's parents or any person acting as a parent presently resides in this state.
(b)
A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this Code section may modify that determination only if it has jurisdiction to make an initial determination under Code Section
19-9-61
.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 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:
(1)
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
(2)
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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-64 - Temporary emergency jurisdiction; continuing effect; communicating with other courts

(a)
A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse.
(b)
If there is no previous child custody determination that is entitled to be enforced under this article and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Code Sections
19-9-61
through
19-9-63
, a child custody determination made under this Code section remains in effect until an order is obtained from a court of a state having jurisdiction under Code Sections
19-9-61
through
19-9-63
. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Code Sections
19-9-61
through
19-9-63
, a child custody determination made under this Code section becomes a final determination, if it so provides and this state becomes the home state of the child.
(c)
If there is a previous child custody determination that is entitled to be enforced under this article, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Code Sections
19-9-61
and
19-9-63
, any order issued by a court of this state under this Code section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Code Sections
19-9-61
through
19-9-63
. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(d)
A court of this state which has been asked to make a child custody determination under this Code section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under Code Sections
19-9-61
through
19-9-63
, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to Code Sections
19-9-61
through
19-9-63
, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this Code section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-65 - Notice required; intervention

(a)
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.
(b)
This article does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(c)
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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-66 - Procedure when proceedings pending in another state

(a)
Except as otherwise provided in Code Section
19-9-64
, a court of this state may not exercise its jurisdiction under this part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this article; unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Code Section
19-9-67
.
(b)
Except as otherwise provided in Code Section
19-9-64
, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Code Section
19-9-69
. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this article, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this article does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c)
In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1)
Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2)
Enjoin the parties from continuing with the proceeding for enforcement; or
(3)
Proceed with the modification under conditions it considers appropriate.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-67 - Finding of inconvenient forum; conditions

(a)
A court of this state which has jurisdiction under this article to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
(b)
Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(1)
Whether family violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2)
The length of time the child has resided outside this state;
(3)
The distance between the court in this state and the court in the state that would assume jurisdiction;
(4)
The relative financial circumstances of the parties;
(5)
Any agreement of the parties as to which state should assume jurisdiction;
(6)
The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(7)
The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(8)
The familiarity of the court of each state with the facts and issues in the pending litigation.
(c)
If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(d)
A court of this state may decline to exercise its jurisdiction under this article if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-68 - Wrongfully obtained jurisdiction; actions to prevent repetition of unjustifiable conduct; expenses

(a)
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:
(1)
The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2)
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
(3)
No court of any other state would have jurisdiction under the criteria specified in Code Sections
19-9-61
through
19-9-63
.
(b)
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
.
(c)
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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 2 - CHILD CUSTODY DETERMINATIONS (§§ 19-9-61 — 19-9-70) › Section 19-9-70 - Requiring appearance for in-state and out-of-state residents; other court orders

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-81 - Definitions

As used in this part, the term:
(1)
"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.
(2)
"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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-83 - Recognition of foreign custody decrees; remedies

(a)
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.
(b)
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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-84 - Authority to enter temporary orders if lacking jurisdiction; remedy from court with jurisdiction; victims of family violence

(a)
A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(1)
A visitation schedule made by a court of another state; or
(2)
The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(b)
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.
(c)
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
.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-86 - Granting relief and enforcing registered custody determinations

(a)
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.
(b)
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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 19 - DOMESTIC RELATIONS (§§ 19-1-1 — 19-15-7) › Chapter 9 - CHILD CUSTODY PROCEEDINGS (§§ 19-9-1 — 19-9-134) › Article 3 - UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (§§ 19-9-40 — 19-9-104) › Part 3 - ENFORCEMENT UNDER THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION (§§ 19-9-81 — 19-9-97) › Section 19-9-90 - Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant

(a)
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:
(1)
The child custody determination has not been registered and confirmed under Code Section
19-9-85
and that:
(A)
The issuing court did not have jurisdiction under Part 2 of this article;
(B)
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
(C)
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
(2)
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.
(b)
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.
(c)
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.
(d)
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.
Added by 2001 Ga. Laws 28, § 1, eff. 7/1/2001.