CopyCited 11 times | Published | Supreme Court of Georgia | Jan 22, 2019 | 305 Ga. 23
...(2) A court of this state or a court of another state determines that neither the child nor the child's parents or any person acting as a parent presently resides in this state.
Father argues that this section must be interpreted to harmonize with other states' interpretations and the official comment to the UCCJEA. OCGA §
19-9-101 provides: "[i]n applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it." Every other state that has addressed this i...
...action because Father resided in Georgia when the modification action was filed.
(b) The official comment to UCCJEA § 202, the decisions in other states, and the statutory direction to promote uniformity in interpretations of the UCCJEA, see OCGA §
19-9-101, also support this conclusion....
...cation action, the official comment to § 202 explains that jurisdiction attaches at the commencement of a proceeding.
Unsurprisingly, that is how other states have understood UCCJEA § 202. Given the statutory directive to promote uniformity, OCGA §
19-9-101, it is appropriate to look to decisions in other jurisdictions that have addressed this issue....
Published | Supreme Court of Georgia | Jan 22, 2019 | 305 Ga. 23
...action because Father resided in Georgia when the modification action was filed.
(b) The official comment to UCCJEA § 202, the decisions in other states,
and the statutory direction to promote uniformity in interpretations of the
UCCJEA, see OCGA §
19-9-101, also support this conclusion....
...ction, the official comment to § 202
explains that jurisdiction attaches at the commencement of a proceeding.
Unsurprisingly, that is how other states have understood UCCJEA § 202.
Given the statutory directive to promote uniformity, OCGA §
19-9-101, it is
appropriate to look to decisions in other jurisdictions that have addressed this
issue....