Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 19-9-46 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-46 Case Law from Google Scholar Amendments to OCGA 19-9-46

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

19-9-46. Priority of question of jurisdiction.

If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

(Code 1981, §19-9-46, enacted by Ga. L. 2001, p. 129, § 1.)

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.

Inquiry into jurisdiction.

- Because the parties' Texas divorce action had been abated due to an earlier Mexican divorce, there was no action pending in Texas; therefore, the trial court did not have to inquire into the court's jurisdiction under the former Uniform Child Custody Jurisdiction Act, O.C.G.A. § 19-9-40 et seq. Baca v. Baca, 256 Ga. App. 514, 568 S.E.2d 746 (2002) (decided under former Code Section19-9-40 et seq.)

Cases Citing O.C.G.A. § 19-9-46

Total Results: 3  |  Sort by: Relevance  |  Newest First

Copy

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

...As previously noted, we conclude that the UCCJA does apply to adoption proceedings, therefore rendering unnecessary a decision on whether the Court of Appeals was authorized to reverse the termination of parental rights. 1. Olivo contends that under OCGA § 19-9-46 (a), a provision of the UCCJA as adopted in Georgia, the trial court erred in not staying the Gaineys' adoption petition pending disposition of his previously filed New York custody proceeding. OCGA § 19-9-46 (a) provides as follows: A court of this state shall not exercise its jurisdiction under this article if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising...
...tinued disruption of a child's life. Considering the purposes and language of the UCCJA, we conclude that the Act applies to adoption proceedings. [6] Moreover, we conclude that the Georgia court should have deferred to the New York court under OCGA § 19-9-46 (a), because the New York court was "exercising jurisdiction substantially in conformity with this article," id....
Copy

Jackson v. Jackson, 328 S.E.2d 733 (Ga. 1985).

Cited 5 times | Published | Supreme Court of Georgia | Apr 30, 1985 | 254 Ga. 280

...ncluding paragraph (d) thereof, could also result in the setting aside of a child custody award. We note further that Massachusetts has now adopted the U.C.C.J.A., MGLA Ch. 209B, §§ 1-14, and that upon remand the Georgia U.C.C.J.A., including OCGA § 19-9-46 (c), shall apply.
Copy

Norowski v. Norowski, 483 S.E.2d 577 (Ga. 1997).

Cited 2 times | Published | Supreme Court of Georgia | Apr 14, 1997 | 267 Ga. 841, 97 Fulton County D. Rep. 1243

...Therefore, while the trial court correctly found that it cannot decide child custody because of the pendency of the Mississippi appeal, it erred in dismissing wife's petition for divorce. Judgment reversed. All the Justices concur. NOTES [1] 28 U.S.C. § 1738A. [2] O.C.G.A. § 19-9-40. [3] See 28 U.S.C. § 1738A (g); O.C.G.A. § 19-9-46(a)....