Title 19 — Domestic Relations

(a) Except when a parent seeks emergency relief for family violence pursuant to Code Section 19-13-3 or 19-13-4, in all cases in which the custody of any child is at issue between the parents, each parent shall prepare a parenting plan or the parties may jointly submit a parentin…

In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History. Code 1981, § 19-9-101, enacted by Ga. L. 2001, p. 129, § 1. 19-9-102. Application.

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before July 1, 2001, is governed by the law in effect at the time the motion or other request was made. History. Code 1981, § 19-9-102, enacted …

This article shall not be construed to repeal, amend, or impair the provisions of Code Section 19-13-23. History. Code 1981, § 19-9-103, enacted by Ga. L. 2001, p. 129, § 1. 1058 19-9-121 19-9-104. Conflicts with Child Custody Intrastate Jurisdiction Act. In the event of any confli…

Application. Construction. Conflicts with Child Custody Intrastate Jurisdiction Act. Article 4 Power of Attorney for the Care of a Child 19-9-120. 19-9-121. 19-9-122. 19-9-123. 908 Short title. Definitions. Delegation of child caregiving authority. Reporting requirement from nonpro…

This article shall be known and may be cited as the “Supporting and Strengthening Families Act.” History. Code 1981, § 19-9-120, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159.

As used in this article, the term: (1) “Child” means an unemancipated individual who is under 18 years of age. 1059 19-9-123 (2) “Child-placing agency” means an agency licensed as such pursuant to Chapter 5 of Title 49. (3) “Criminal background check” means the results of an unre…

A parent of a child may delegate caregiving authority regarding such child to an individual who is an adult, who resides in this state, and who is the grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or…

Entry of orders, purge of terminated or expired orders. Center to ensure, §19-13-53. Maintained by center, §19-13-52. Power of attorney delegating caregiving authority, §19-9-124. Protective order registry. Entry of orders, purge of terminated or expired orders. Center to ensure,…

Uniform child custody jurisdiction and enforcement act. Enforcement hearing, §19-9-88. Person outside state, required notice, §19-9-47. Registration of out-of-state determination, §19-9-85. 1411 INDEX NOTICE —Cont’d Child custody proceeding —Cont’d Uniform child custody jurisdict…

(a) The execution of a power of attorney under this article shall, in the absence of other evidence, not constitute abandonment, abuse, neglect, or any indication of unfitness as a parent. (b) An individual shall not execute a power of attorney under this article with the intentio…

An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child’s welfare initiated by the Division of Family and Children Services of the department and shall not execute such power of attorney so long as the Div…

Revocation of power of attorney, §19-9-130. 1419 INDEX POWERS OF ATTORNEY —Cont’d Child care, power of attorney delegating caregiving authority —Cont’d Sexual offender status, certification, §19-9-124. Sole custody, execution by individual with. Notice to noncustodial parent, §19-…

Emergency medical treatment for child, temporary written permission to seek, §19-9-127. Form, §19-9-134. Formal execution requirements, §19-9-129. Foster care provisions not applicable, §19-9-131. POWERS OF ATTORNEY —Cont’d Child care, power of attorney delegating caregiving auth…

This article shall not affect a power of attorney given to a grandparent prior to September 1, 2018, to which the provisions of former Code Sections 19-9-120 through 19-9-129, as such existed on August 30, 2018, shall continue to apply. History. Code 1981, § 19-9-133, enacted by …

(a) The power of attorney contained in this Code section may be used for the temporary delegation of caregiving authority to an agent. The form contained in this Code section shall be sufficient for the purpose of creating a power of attorney under this article, provided that not…

Action for change of custody. Changing terms of custody to temporary basis. Judge’s discretion, §19-9-3. Parenting plan. Requiring, discretion of court, §19-9-1. Termination of parental custody.

This article shall be known and may be cited as the “Georgia Child Custody Intrastate Jurisdiction Act of 1978.” History. Ga. L. 1978, p. 1957, § 1.

(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; (…

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 cu…

Facey, 281 Ga. 367, 638 S.E.2d 273, 2006 Ga. LEXIS 989 (2006). Consideration of “compromise” agreement improper. — In a proceeding for modification of child support, the trial court erred in considering evidence of a “compromise” agreement by the parties in calculating the amount …

Stewart, 160 Ga. App. 463, 287 S.E.2d 378, 1981 Ga. App. LEXIS 3148 (1981). Garnishment as means of enforcing domestic monetary award. — As means of enforcing domestic monetary award, a garnishment action is as appropriate as a contempt action. Stewart v. 1001 Stewart, 160 Ga. Ap…

(a)(1) In all cases in which the custody of any child is at issue 942 19-9-3 between the parents, there shall be no prima-facie right to the custody of the child in the father or mother. There shall be no presumption in favor of any particular form of custody, legal or physical, …

This article may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.” History. Code 1981, § 19-9-40, enacted by Ga. L. 2001, p. 129, § 1.

In this article: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Child” means an individual who has not attained 18 years of age. (3) “Child custody determination” means a judgment, decree, or other order of a court providing fo…

Appearance of party with or without child. Authority of court to order, §19-9-70. Authority of state courts, §19-9-50. Binding effect of determination by state court having jurisdiction, §19-9-45. Child custody intrastate jurisdiction act. Conflict between, uniform act applies, §1…

(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 fo…

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 th…

Notice required to exercise jurisdiction. Person outside state, §19-9-47. Provision of section 19-13-23 not repealed, §19-9-103. Publication. Notice required to exercise jurisdiction. Person outside state, §19-9-47. Question of jurisdiction raised. Priority given to proceeding, §…

(a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a child to present to the judge an agreement respecting any and all issues concerning custody of the child. As used in this Code section, the term “custody” shall inclu…

Purpose; construction. Definitions. Actions to obtain change of legal or physical custody; use of certain complaints prohibited. Actions by physical or legal custodian not permitted in certain instances. Short title. Definitions. Article inapplicable to adoptions or authorizations …

As used in this article, the term: (1) “Armed forces” means the national guard and the reserve components of the armed forces, the United States army, navy, marine corps, coast guard, and air force. (2) “Deploy” or “deployment” means military service in compliance with the milita…

Law governing, §19-9-65. Joinder of parties. Law governing, §19-9-65. Jurisdiction to make initial determination. Courts of state, §19-9-61. Exclusive continuing jurisdiction, §19-9-62. CHILD CUSTODY —Cont’d Uniform child custody jurisdiction and enforcement act —Cont’d Jurisdict…

Devito, 280 Ga. 367, 628 S.E.2d 108, 2006 Ga. LEXIS 201 (2006). Jurisdiction determined at time of filing petition. — Judgment affirming the trial court’s ruling dismissing a father’s child custody modification petition was reversed because jurisdiction attached at the time of the …

(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…

(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…

(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 app…

Inconvenient forum, §19-9-67. Unjustifiable conduct by person invoking jurisdiction, §19-9-68. Definitions, §19-9-41. Enforcement, §19-9-81. Depositions. Testimony of witnesses in another state, §19-9-50. District attorneys, lawful action, §19-9-95. Documentary evidence transmitted…

Arbitration. Binding arbitration on custody issue and related matters. Parental agreement, §19-9-1.1. Attorney’s fees and expenses of litigation and other costs. Judge may order, §19-9-3. Aunts, §19-7-1. Best interests of child. Duty of judge to determine, §19-9-3. Change in pare…

FAMILY VIOLENCE —Cont’d Duties of council, §19-13-21. Establishment of shelters and programs, §19-13-22. Ex parte order. Temporary relief ex parte, §19-13-3. Fees. Family violence intervention programs. Application fee for certification, §19-13-11. Fines.

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 perso…

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. History. Code 1981, § 19-9-82, enacted by Ga. L. 2001, p. 129,…

(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 jurisdictio…

(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 wit…

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 en…

Interstate family support act. Establishment, registration or modification of support order, §19-11-130. Modification of order issued in another state, §19-11-168. 1417 INDEX PETITIONS —Cont’d Support and maintenance —Cont’d Uniform interstate family support act. Civil provisions g…

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. History. Code 1981, § 19-9-89, enacted by Ga. L. 2001, p. 129, § …

(a) 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…

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 jurisdict…

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 …