2018 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 custody; how and where brought; use of certain complaints prohibited

Universal Citation: GA Code § 19-9-23 (2018)
  • (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.

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