2021 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act
- For additional cases dealing with custody of children, see annotations under § 9-14-2, dealing with habeas corpus on account of detention of child, and under §§ 19-7-1 and19-7-4, dealing with parental powers and loss of parental custody.
Ga. L. 2001, p. 129, § 1, effective July 1, 2001, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of Code Sections 19-9-40 through 19-9-64, relating to the Uniform Child Custody Jurisdiction Act, and was based on Code 1933, §§ 74-501 through 74-525, enacted by Ga. L. 1978, p. 258, § 1; Ga. L. 1988, p. 1408, § 1.Law reviews.
- For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981). For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article, "Enforcing the Full Faith and Credit Clause: Congress Legislates Finality for Child Custody Decrees," see 1 Ga. St. U.L. Rev. 157 (1985). For article, "Child Custody - Jurisdiction and Procedure," see 35 Emory L.J. 291 (1986). For article, "Domestic Relations Law," see 53 Mercer L. Rev. 265 (2001). For note, "The UCCJA: Coming of Age," see 34 Mercer L. Rev. 861 (1983).
- Some of the decisions cited below were 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.Applicability of article.
- Former Uniform Child Custody Jurisdiction Act was applicable only to states, territories, or possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. Richardson v. Richardson, 257 Ga. 101, 355 S.E.2d 664 (1987) (decided under former Uniform Child Custody Jurisdiction Act).
Among the primary purposes of the former Uniform Child Custody Jurisdiction Act was to avoid overlapping adjudication and to prevent judgment races. Webb v. Webb, 245 Ga. 650, 266 S.E.2d 463 (1980), cert. dismissed, 451 U.S. 493, 101 S. Ct. 1889, 68 L. Ed. 2d 392 (1981) (decided under former Uniform Child Custody Jurisdiction Act).
Georgia will recognize and enforce custody modifications of other states if proceedings were in accordance with the provisions of the former Uniform Child Custody Jurisdiction Act. Brenner v. Cavin, 163 Ga. App. 694, 295 S.E.2d 135 (1982) (decided under former Uniform Child Custody Jurisdiction Act).Out of state judgment did not have to be followed as to tax exemption after custody award changed.
- Because there was reasonable evidence of changed circumstances which supported the trial court's award of physical custody of the children to the mother, the court was not bound by the prior ruling of a Wyoming court with respect to the dependency exemption; thus, the court did not err in finding that the parent who was awarded physical custody of the children, the mother, was entitled to claim the dependency exemptions for the three children. Blumenshine v. Hall, 329 Ga. App. 449, 765 S.E.2d 647 (2014).
Am. Jur. 2d.
- 24A Am. Jur. 2d, Divorce and Separation, §§ 868, 874. 39 Am. Jur. 2d, Habeas Corpus, §§ 95 et seq., 107. 59 Am. Jur. 2d, Parent and Child, § 26 et seq.C.J.S.
- 27C C.J.S., Divorce, § 1046. 39 C.J.S., Habeas Corpus, § 241 et seq. 43 C.J.S., Infants, § 10 et seq. 67A C.J.S., Parent and Child, § 94 et seq.U.L.A.
- Uniform Child Custody Jurisdiction Act (U.L.A.) § 1.ALR.
- Validity, construction, and application of Uniform Child Custody Jurisdiction Act, 96 A.L.R.3d 968, 78 A.L.R.4th 1028.
Recognition and enforcement of out-of-state custody decree under § 13 of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(a), 40 A.L.R.5th 227.PART 1 GENERAL PROVISIONS