2019 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 (2019)
  • (a) 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.

  • (b) 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.

  • (c) The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited.

  • (d) 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.

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