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O.C.G.A. § 19-7-42 — Venue | Georgia Code

O.C.G.A. § 19-7-42 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 19 DOMESTIC RELATIONS

Section 7. Parent and Child Relationship Generally, 19-7-1 through 19-7-54.

ARTICLE 3 DETERMINATION OF PATERNITY

19-7-42. Venue.

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.

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

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).

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.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.