2020 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act
Part 1 - General Provisions
§ 19-9-40. Short Title

Universal Citation: GA Code § 19-9-40 (2020)

This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."

(Code 1981, §19-9-40, enacted by Ga. L. 2001, p. 129, § 1.)

Law reviews.

- For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006). For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007). For note on the 2001 amendments to this part, see 18 Ga. St. U.L. Rev. 58 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under the Uniform Child Custody Jurisdiction Act, former Code 1933, §§ 74-501 through 74-525, subsequently codified as §§ 19-9-40 through19-9-64, are included in the annotations for this Code section.

Article to be considered in pari materia with applicable legislation.

- Former Uniform Child Custody Jurisdiction Act does not expressly repeal any particular provisions of the Civil Practice Act, nor existing statutory provisions covering divorce, custody, alimony, and child support procedures, and must be considered in pari materia with other applicable provisions of law. Gambrell v. Gambrell, 246 Ga. 516, 272 S.E.2d 70 (1980) (decided under former Code 1933, § 74-510).

Effective date.

- Effective July 1, 2001, the Uniform Child Custody Jurisdiction Act was replaced by the Uniform Child Custody Jurisdiction and Enforcement Act, O.C.G.A. § 19-9-40 et seq. Edwards v. Edwards, 254 Ga. App. 849, 563 S.E.2d 888 (2002).

Parental Kidnapping Prevention Act, 28 U.S.C. § 1738 et seq., applies in all interstate child custody disputes, not only when a child was abducted by a parent and removed to another state. Wilson v. Gouse, 263 Ga. 887, 441 S.E.2d 57 (1994) (decided under former Uniform Child Custody Jurisdiction Act).

Modification of out-of-state decree.

- Ohio court which entered the initial custody decree no longer had jurisdiction over the subject matter of the modification action; thus, Georgia was free under § 1738A(f) of the Parental Kidnapping Prevention Act (28 U.S.C. § 1738A(f)) to modify the Ohio custody order and was correct when it initially assumed jurisdiction to do so. Wilson v. Gouse, 263 Ga. 887, 441 S.E.2d 57 (1994) (decided under former Uniform Child Custody Jurisdiction Act).

Georgia Court properly determined that the court had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), O.C.G.A. § 19-9-40 et seq., to consider the custody modification petition after both made sworn statements that the children resided in Georgia and those statements were corroborated by evidence the children had been enrolled in public school in Georgia for the necessary amount of time. The UCCJEA did not require that the court include express factual findings as to the children's "home state." Razi v. Burns, 354 Ga. App. 608, 841 S.E.2d 407 (2020).

No abuse of discretion in declining jurisdiction.

- Trial court did not abuse the court's discretion by declining to exercise jurisdiction in a child custody case under O.C.G.A. § 19-9-67(b) because the children lived in Texas, the witnesses, such as the children's teachers and health care providers were in Texas, and the trial court determined that the case could be more expeditiously resolved there. Odion v. Odion, 325 Ga. App. 733, 754 S.E.2d 778 (2014).

Jurisdiction determined at time of filing petition.

- Judgment affirming the trial court's ruling dismissing a father's child custody modification petition was reversed because jurisdiction attached at the time of the filing of the father's petition; thus, the trial court had jurisdiction over the modification action since the father lived in Georgia at the time and jurisdiction was not lost when the father later was transferred away from Georgia. Plummer v. Plummer, 305 Ga. 23, 823 S.E.2d 258 (2019).

Cited in Edmondson v. Gilmore, 251 Ga. App. 776, 554 S.E.2d 742 (2001); Jones v. Van Horn, 283 Ga. App. 144, 640 S.E.2d 712 (2006); Black v. Black, 292 Ga. 691, 740 S.E.2d 613 (2013); Devlin v. Devlin, 339 Ga. App. 520, 791 S.E.2d 840 (2016); Bowman v. Bowman, 345 Ga. App. 380, 811 S.E.2d 103 (2018).

RESEARCH REFERENCES

U.L.A.

- Uniform Child Custody Jurisdiction Act (U.L.A.) § 26.

ALR.

- Applicability of Uniform Child Custody Jurisdiction Act (UCCJA) to temporary custody orders, 81 A.L.R.4th 1101.

Child custody: when does state that issued previous custody determination have continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.

Child custody and visitation rights of person infected with AIDS, 86 A.L.R.4th 211.

Home state jurisdiction of court under § 3(a)(1) of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(c)(2)(A), 6 A.L.R.5th 1.

Default jurisdiction of court under § 3(a)(4) of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(c)(2)(D), 6 A.L.R.5th 69.

Abandonment jurisdiction of court under §§ 3(a)(3)(i) and 14(a) of Uniform Child Custody Jurisdiction Act and Parental Kidnapping Prevention Act, 28 USCA §§ 1738A(c)(2)(C)(i) and 1738A(f), notwithstanding existence of prior valid custody decree rendered by second state, 78 A.L.R.5th 465.

Construction and application of Uniform Child Custody Jurisdiction and Enforcement Act's home state jurisdiction provision, 57 A.L.R. 6th 163.

Applicability and application of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to international child custody and support actions, 66 A.L.R.6th 269.

Construction and application of International Child Abduction Remedies Act (42 USCS § 11601 et seq.), 125 A.L.R. Fed. 217.

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