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2018 Georgia Code 19-9-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-42 Case Law from Google Scholar Amendments to OCGA 19-9-42

TITLE 19 DOMESTIC RELATIONS

Section 9. Child Custody Proceedings, 19-9-1 through 19-9-134.

ARTICLE 3 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

19-9-42. Article inapplicable to adoptions or authorizations for emergency care.

This article does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

(Code 1981, §19-9-42, enacted by Ga. L. 2001, p. 129, § 1.)

JUDICIAL DECISIONS

UCCJEA does not govern adoption proceedings.

- Trial court did not err in exercising jurisdiction in a petition for adoption because the Georgia Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), O.C.G.A. § 19-9-40 et seq., did not govern adoption proceedings. Barr v. Gregor, 316 Ga. App. 269, 728 S.E.2d 868 (2012).

Cases Citing O.C.G.A. § 19-9-42

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Gainey v. Olivo, 373 S.E.2d 4 (Ga. 1988).

Cited 29 times | Published | Supreme Court of Georgia | Oct 20, 1988 | 258 Ga. 640, 78 A.L.R. 4th 1021

...o adoption proceedings. Olivo v. Gainey, supra, 185 Ga. App. at 428. Whether the UCCJA applies to adoption proceedings depends upon whether an adoption proceeding is a custody proceeding within the meaning of the UCCJA. Before its amendment in 1988, § 19-9-42 (3) of the UCCJA defined the term "custody proceeding" to include "proceedings in which a custody determination *643 is one of several issues, such as an action for divorce or separation, and includes child neglect and dependency proceedings." Ga. Laws 1978, pp. 258, 260-261, § 1. Further, the UCCJA defines custody determination as "a court decision and court orders and instructions providing for the custody of a child, including, but not limited to visitation rights." OCGA § 19-9-42 (2)....
...Weltner, J., disqualified. Case No. 45311. Judgment affirmed on other grounds. All the Justices concur, except Smith, J., who dissents. Weltner, J., disqualified. NOTES [1] OCGA § 19-9-40 to § 19-9-64. [2] See Ga. Laws 1988, 1408, 1409, § 1. That law amended § 19-9-42 (3), to add adoption proceedings to the list of matters included within the term "custody proceeding." [3] The reason Olivo did not contact or support Flagg is disputed by the parties....
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Kemp v. Sharp, 409 S.E.2d 204 (Ga. 1991).

Cited 16 times | Published | Supreme Court of Georgia | Oct 18, 1991 | 261 Ga. 600

...circumstances are not present in this case. [2] "Home state" means the state in which the child, immediately preceding the time involved, lived with his parents, a parent, or a person acting as a parent for at least six consecutive months.... [OCGA § 19-9-42(5).] The parties' child lived in Texas with Sharp for at least six consecutive months prior to the institution of Kemp's action....
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Yount v. Mulle, 470 S.E.2d 647 (Ga. 1996).

Cited 6 times | Published | Supreme Court of Georgia | May 28, 1996 | 266 Ga. 729, 96 Fulton County D. Rep. 1987

...ion. The Superior Court of Chatham County denied the father's motion and assumed jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA), OCGA § 19-9-40 et seq. It concluded that Georgia was the child's "home state" as defined by OCGA § 19-9-42(5), and modified the Tennessee custody award with respect to the father's visitation privileges....
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Binns v. Smith, 310 S.E.2d 225 (Ga. 1984).

Cited 5 times | Published | Supreme Court of Georgia | Jan 4, 1984 | 251 Ga. 861

...§ 74-506), authorizing notice to a person "outside this state" to be given "In the manner prescribed by the law of the place in which the service is made. ..." As the Act is in the nature of a compact between states of the United States, we interpret the word "place" to be the equivalent of "state," defined in OCGA § 19-9-42 (10) (Code Ann....