Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 19-9-69 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-69 Case Law from Google Scholar Amendments to OCGA 19-9-69

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

19-9-69. Information required as part of pleading or affidavit; continuing duty; sealing of information; children residing in family violence shelters.

  1. In a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
    1. Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
    2. Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to family violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
    3. Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
  2. If the information required by subsection (a) of this Code section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
  3. If the declaration as to any of the items described in paragraphs (1) through (3) of subsection (a) of this Code section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
  4. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
  5. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
  6. In providing the information required by subsection (a) of this Code section, a party who is disclosing that the child is or has been a resident of a family violence shelter shall provide only the name of the shelter and the state in which the shelter is located to avoid a violation of Code Section 19-13-23. A disclosure of the name of the shelter and the state in which the shelter is located shall be sufficient for the purposes of subsection (a) of this Code section.

(Code 1981, §19-9-69, enacted by Ga. L. 2001, p. 129, § 1.)

JUDICIAL DECISIONS

Claims of error made under O.C.G.A.

§ 19-9-69 unsupported absent a transcript. - In a change of custody proceeding, because: (1) a parent failed to allege that information was withheld which would have provided cause for a continuance; (2) nothing in the record showed that the parent moved for a continuance because the petition did not contain all the information required by O.C.G.A. § 19-9-69(a); and (3) there was no evidence in the record that the trial court abused the court's discretion under § 19-9-69(b) by not staying the proceedings on the court's own motion until more information was furnished, no error resulted from the trial court's denial of a stay of the proceedings. Jones v. Van Horn, 283 Ga. App. 144, 640 S.E.2d 712 (2006).

Cases Citing O.C.G.A. § 19-9-69

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

Copy

Bellew v. Larese, 706 S.E.2d 78 (Ga. 2011).

Cited 20 times | Published | Supreme Court of Georgia | Feb 7, 2011 | 288 Ga. 495, 2011 Fulton County D. Rep. 202

...under Code Section 19-9-67. (b) Except as otherwise provided in Code Section 19-9-64, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Code Section 19-9-69....
Copy

Barnhill v. Alford, 882 S.E.2d 245 (Ga. 2022).

Cited 6 times | Published | Supreme Court of Georgia | Dec 20, 2022 | 315 Ga. 304

...———————————————— 12 In the order, the trial court also observed that Katheryn filed and finalized her petition for adoption of the Child without giving notice to the court — in “a clear violation” of OCGA § 19-9-69 (d) (providing that parties have a “continuing duty to inform the Court of any proceedings in this or any state that could affect the current proceeding”)....
...engage in professional conduct involving 33 dishonesty, fraud, deceit or misrepresentation. . . .”). Finally, to the extent that a visitation petition may be considered a “child custody proceeding,” as used in OCGA § 19-9-69, then the Barnhills may have also violated state law. See OCGA § 19-9-69 (d) (“Each party [in a child custody proceeding] has a continuing duty to inform the court of any proceeding ....
Copy

WONDIUM v. Getachew, 710 S.E.2d 139 (Ga. 2011).

Cited 2 times | Published | Supreme Court of Georgia | May 16, 2011 | 289 Ga. 208, 2011 Fulton County D. Rep. 1470

...l service of the divorce on him; and that Wife misled the court into believing she had sole custody of the children when, in fact, both children were living in Ethiopia. Husband contended that Wife's failure to provide required information (see OCGA § 19-9-69) concerning the children's custodians and residences for the five years preceding the divorce petition deprived the trial court of subject-matter jurisdiction, rendering the custody provisions of the divorce decree unenforceable....