O.C.G.A. § 15-11-125 (2019)
Venue
(a) A proceeding under this article may be commenced:
(1) In the county in which a child legally resides; or
(2) In the county in which a child is present when the proceeding is commenced if such child is present without his or her parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county.
(b) For the convenience of the parties, the court may transfer the proceeding to the county in which a child legally resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
History
Code 1981, § 15-11-125, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
Annotations
Law reviews. - For article discussing venue problems in juvenile court practice
and suggesting solutions, see 23 Mercer L. Rev. 341 (1972). For article, ‘‘An Outline of Juvenile Court Jurisdiction with Focus on Child Custody,’’ see 10 Ga. St. B. J. 275 (1973).
JUDICIAL DECISIONS Editor’s notes. - Many of the following annotations should be examined in light of the amendment to Ga. Const. 1976, Art. VI, Sec. XIV, Para. VI (see now Ga. Const. 1983, Art. VI, Sec. II, Para. VI) which took effect November 1, 1981. In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1101, pre-2000 Code Section 15-11-15 and pre-2014 Code Section 15-11-29, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor’s notes at the beginning of the chapter. Determining legal residence. - In determining where a juvenile resides for purposes of venue, it is generally the legal residence that controls. In re A.M.C., 213
Ga. App. 897, 446 S.E.2d 760 (1994) (decided under former O.C.G.A. § 15-11-15). Challenge to court’s jurisdiction unsuccessful. - Although former Code 1933, § 79-404 (see now O.C.G.A. § 19-2-4) provided that the domicile of an illegitimate child shall be that of his or her mother, yet, where the plea to the jurisdiction alleged ‘‘this court has accepted jurisdiction and custody of the minor child . . . and is holding said child subject to the order of this court,’’ which clearly showed that the child was before the court, and there was no allegation showing the domicile of the mother, who was present in court, or any other reason why the juvenile court did not have jurisdiction, it was not error to overrule the plea. Springstead v. Cook, 215 Ga. 154, 109 S.E.2d 508 (1959) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 87, § 3).
RESEARCH REFERENCES Am. Jur. 2d. - 42 Am. Jur. 2d, Infants, § 27 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 39 et seq.
C.J.S. - 43 C.J.S., Infants, § 180 et seq. U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 11.
PART 3 TAKING INTO CARE