O.C.G.A.

O.C.G.A. § 19-9-1.1 (2019)

Binding arbitration on issue of child custody and related matters

✓ 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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In all proceedings under this article, it shall be expressly permissible for the parents of a child to agree to binding arbitration on the issue of child custody and matters relative to visitation, parenting time, and a parenting plan. The parents may select their arbiter and decide which issues will be resolved in binding arbitration. The arbiter’s decisions shall be incorporated into a final decree awarding child custody unless the judge makes specific written factual findings that under the circumstances of the parents and the child the arbiter’s award would not be in the best interests of the child. In its judgment, the judge may supplement the arbiter’s decision on issues not covered by the binding arbitration.

History

Code 1981, § 19-9-1.1, enacted by Ga. L. 2007, p. 554, § 5/HB 369.

Annotations

Editor’s notes. Ga. L. 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides: “The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children

after the parents have separated or dissolved their marriage or relationship.” Ga. L. 2007, p. 554, § 8/HB 369, not codified by the General Assembly, provides that this Code section shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008. Law reviews. For article, “Comprehensive Arbitration of Domestic Relations Cases in Georgia,” see 14 Ga. St. B.J. 20 (2008). For survey article on domestic relations law, see 60 Mercer L. Rev. 121 (2008).

JUDICIAL DECISIONS Motion to vacate properly denied. - In a child custody dispute, the trial court did not err by confirming the arbitration award and denying the father’s motion to vacate because the arbitrator’s decision automatically changing visitation did not violate public policy and the

claim that the award lacked evidentiary support was not a basis for vacating the arbitrator’s decision. Brazzel v. Brazzel, 337 Ga. App. 758, 789 S.E.2d 626, 2016 Ga. App. LEXIS 339 (2016), cert. denied, No. S16C1889, 2017 Ga. LEXIS 146 (Ga. Feb. 27, 2017).

Notes of Decisions

Cited in 4 cases, 2013–2016 · leading case: Brazzel v. Brazzel, 789 S.E.2d 626 (Ga. Ct. App. 2016).

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Brazzel v. Brazzel, 789 S.E.2d 626 (Ga. Ct. App. 2016). · cites it 36× “The parties agreed to consolidate and submit to binding arbitration all the issues presented in the motions, including an agreement pursuant to OCGA § 19-9-1.1 to submit the child custody-related issues to binding arbitration.”

Lester Brazzel, Jr. v. Ashley P. Brazzel (Ga. Ct. App. 2016). · cites it 32× “Brazzel contends that the superior court’s order confirming the arbitrator’s decision on issues related to child custody violated the provisions of OCGA § 19-9-1.1 because the court erroneously found: (1) that it was bound by the arbitrator’s decision on these issues, and (2)…”

Duncan v. Mughelli, 751 S.E.2d 127 (Ga. Ct. App. 2013). · cites it 2× “, OCGA § 19-9-5 (b) (court shall ratify custody agreement and make part of its final judgment unless such agreement would not be in best interest of the child) with OCGA § 19-9-1.1 (court shall incorporate arbiter’s decision on custody into final judgment unless award would not…”

Taira Duncan v. Ovie Mughelli (Ga. Ct. App. 2013). · cites it 2× “, OCGA § 19-9-5 (b) (court shall ratify custody agreement and make part of its final judgment unless such agreement would not be in best interests of the child) with OCGA § 19-9-1.1 (court shall incorporate arbiter’s decision on custody into final judgment unless award would not…”

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.