O.C.G.A.

O.C.G.A. § 19-7-42 (2019)

Venue

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The action shall be brought in the county in which the alleged father resides, except that, if the alleged father is not a resident of this state, the action shall be brought in the county in which the child resides.

History

Code 1933, § 74-303, enacted by Ga. L. 1980, p. 1374, § 1.

Annotations

JUDICIAL DECISIONS Transfer of paternity portion of case. - Although a petition for determination of paternity must be brought where the child resides when the father lives out of the state, the superior court should not have dismissed an entire motion/petition, which included a motion to set aside the

judgment for want of jurisdiction, simply because one aspect of the case should have been heard elsewhere; the superior court should have transferred the paternity portion of the case, not dismissed it. Suggs v. Suggs, 204 Ga. App. 72, 418 S.E.2d 427, 1992 Ga. App. LEXIS 684 (1992).

RESEARCH REFERENCES Am. Jur. 2d. 41 Am. Jur. 2d, Illegitimate Children, §§ 36, 38, 40, 41.

C.J.S. 14 C.J.S., Children Out-of-Wedlock, § 88.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1988–2021 · leading case: Allen v. Howard, 365 S.E.2d 546 (Ga. Ct. App. 1988).

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Allen v. Howard, 365 S.E.2d 546 (Ga. Ct. App. 1988). · cites it 2× “Venue was proper in Walker County, Georgia, the county of residence of the child before and after his birth, pursuant to OCGA §§ 19-7-42 and 19-7-43. Judgment affirmed.”

Metro. Atlanta Rapid Transit Auth. v. John Christopher Ingram (Ga. Ct. App. 2021). · cites it 2× “; see OCGA § 19-7-42. 16 Holcomb, 259 Ga. at 626 (2) (citation and punctuation omitted).”

Suggs v. Suggs, 418 S.E.2d 427 (Ga. Ct. App. 1992). · cites it 2× “True, a petition for determination of paternity must be brought where the child resides when the father lives out of this State (OCGA § 19-7-42) so the Cobb County Superior Court might not have been able to hear the “paternity portion” of the motion/petition.”

Jones v. Alfone, 404 S.E.2d 119 (Ga. 1991). “This construction is supported by § 19-7-41, which provides for service of a non-resident defendant without resort to the Long Arm Statute and § 19-7-42, which requires venue in Georgia even if the putative father is a non-resident.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.