19-9-69
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19-9-69.
(a)
In a child custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under
oath as to the child´s present address or whereabouts, the places where the
child has lived during the last five years, and the names and present addresses
of the persons with whom the child has lived during that period. The pleading or
affidavit must state whether the party:
(1)
Has participated, as a party or witness or in any other capacity, in any other
proceeding concerning the custody of or visitation with the child and, if so,
identify the court, the case number, and the date of the child custody
determination, if any;
(2)
Knows of any proceeding that could affect the current proceeding, including
proceedings for enforcement and proceedings relating to family violence,
protective orders, termination of parental rights, and adoptions and, if so,
identify the court, the case number, and the nature of the proceeding;
and
(3)
Knows the names and addresses of any person not a party to the proceeding who
has physical custody of the child or claims rights of legal custody or physical
custody of, or visitation with, the child and, if so, the names and addresses of
those persons.
(b)
If the information required by subsection (a) of this Code section is not
furnished, the court, upon motion of a party or its own motion, may stay the
proceeding until the information is furnished.
(c)
If the declaration as to any of the items described in paragraphs (1) through
(3) of subsection (a) of this Code section is in the affirmative, the declarant
shall give additional information under oath as required by the court. The court
may examine the parties under oath as to details of the information furnished
and other matters pertinent to the court´s jurisdiction and the disposition
of the case.
(d)
Each party has a continuing duty to inform the court of any proceeding in this
or any other state that could affect the current proceeding.
(e)
If a party alleges in an affidavit or a pleading under oath that the health,
safety, or liberty of a party or child would be jeopardized by disclosure of
identifying information, the information must be sealed and may not be disclosed
to the other party or the public unless the court orders the disclosure to be
made after a hearing in which the court takes into consideration the health,
safety, or liberty of the party or child and determines that the disclosure is
in the interest of justice.
(f)
In providing the information required by subsection (a) of this Code section, a
party who is disclosing that the child is or has been a resident of a family
violence shelter shall provide only the name of the shelter and the state in
which the shelter is located to avoid a violation of Code Section 19-13-23. A
disclosure of the name of the shelter and the state in which the shelter is
located shall be sufficient for the purposes of subsection (a) of this Code
section.