19-9-85
Code Resources
Georgia Resources
Georgia Website
Georgia Governor
Georgia Legislature
Georgia Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
19-9-85.
(a)
A child custody determination issued by a court of another state may be
registered in this state, with or without a simultaneous request for
enforcement, by sending to the superior court in the appropriate venue in this
state:
(1)
A letter or other document requesting registration;
(2)
Two copies, including one certified copy, of the determination sought to be
registered, and a statement under penalty of perjury that to the best of the
knowledge and belief of the person seeking registration the order has not been
modified; and
(3)
Except as otherwise provided in Code Section 19-9-69, the name and address of
the person seeking registration and any parent or person acting as a parent who
has been awarded custody or visitation in the child custody determination sought
to be registered.
(b)
On receipt of the documents required by subsection (a) of this Code section, the
registering court shall:
(1)
Cause the determination to be filed as a foreign judgment, together with one
copy of any accompanying documents and information, regardless of their form;
and
(2)
Serve notice upon the persons named pursuant to paragraph (3) of subsection (a)
of this Code section and provide them with an opportunity to contest the
registration in accordance with this Code section.
(c)
The notice required by paragraph (2) of subsection (b) of this Code section must
state that:
(1)
A registered determination is enforceable as of the date of the registration in
the same manner as a determination issued by a court of this state;
(2)
A hearing to contest the validity of the registered determination must be
requested within 20 days after service of notice; and
(3)
Failure to contest the registration will result in confirmation of the child
custody determination and preclude further contest of that determination with
respect to any matter that could have been asserted.
(d)
A person seeking to contest the validity of a registered order must request a
hearing within 20 days after service of the notice. At that hearing, the court
shall confirm the registered order unless the person contesting registration
establishes that:
(1)
The issuing court did not have jurisdiction under Part 2 of this article;
(2)
The child custody determination sought to be registered has been vacated,
stayed, or modified by a court having jurisdiction to do so under Part 2 of this
article; or
(3)
The person contesting registration 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 registration is
sought.
(e)
If a timely request for a hearing to contest the validity of the registration is
not made, the registration is confirmed as a matter of law, and the person
requesting registration and all persons served must be notified of the
confirmation.
(f)
Confirmation of a registered order, whether by operation of law or after notice
and hearing, precludes further contest of the order with respect to any matter
that could have been asserted at the time of registration.