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2022 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 2 - Child Custody Intrastate Jurisdiction Act
§ 19-9-23. Actions to Obtain Change of Legal or Physical Custody; Use of Certain Complaints Prohibited

Universal Citation: GA Code § 19-9-23 (2022)
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  1. 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.
  2. 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.
  3. The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited.
  4. 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.

History. Ga. L. 1978, p. 1957, § 4; Ga. L. 1983, p. 3, § 52; Ga. L. 2019, p. 904, § 2/SB 190.

The 2019 amendment, effective July 1, 2019, rewrote this Code section, which read: “(a) Except as otherwise provided in this Code section, after a court has determined who is to be the legal custodian of a child, any complaint seeking to obtain a change of legal custody of the child shall be brought as a separate action in the county of residence of the legal custodian of the child.

“(b) A complaint by the legal custodian seeking a change of legal custody or visitation rights shall be brought as a separate action in compliance with Article VI, Section II, Paragraph VI of the Constitution of this state.

“(c) No complaint specified in subsection (a) or (b) of this Code section shall be made:

“(1) As a counterclaim or in any other manner in response to a petition for a writ of habeas corpus seeking to enforce a child custody order; or

“(2) In response to any other action or motion seeking to enforce a child custody order.

“(d) The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited.”

Cross references.

Power of court in proceeding on writ of habeas corpus sought on account of detention of spouse or child, § 9-14-2 .

Law reviews.

For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981).

For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005).

For annual survey on domestic relations, see 65 Mercer L. Rev. 107 (2013).

For article, “2019 Legislative Review,” see 24 Ga. St. B.J. 28 (June 2019).

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