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2018 Georgia Code 19-9-20 | Car Wreck Lawyer

TITLE 19 DOMESTIC RELATIONS

Section 9. Child Custody Proceedings, 19-9-1 through 19-9-134.

ARTICLE 2 CHILD CUSTODY INTRASTATE JURISDICTION ACT

19-9-20. Short title.

This article shall be known and may be cited as the "Georgia Child Custody Intrastate Jurisdiction Act of 1978."

(Ga. L. 1978, p. 1957, § 1.)

Law reviews.

- For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005).

JUDICIAL DECISIONS

Custody act not applicable.

- Boyfriend, who had been appointed temporary guardian of child, was not the child's "legal custodian" as that term was used in the Georgia Child Custody Intrastate Jurisdiction Act, O.C.G.A. § 19-9-20 et seq., and, thus, the provisions of the Act, including the Act's venue provisions, did not apply; accordingly, the trial court erred in dismissing the grandmother's petition for custody of the child on the ground that venue was not proper in the county where the mother was incarcerated but would have been proper where the temporary guardian, the boyfriend, resided, as application of the general venue rules governing venue in civil cases, contained in the Georgia Constitution, showed that since the mother was a necessary party to the grandmother's custody action, filing the action in the county where the mother was incarcerated was proper. Gordon v. Gordon, 269 Ga. App. 224, 603 S.E.2d 732 (2004).

Cited in Upchurch v. Smith, 281 Ga. 28, 635 S.E.2d 710 (2006); Oglesby v. Deal, 311 Ga. App. 622, 716 S.E.2d 749 (2011).

RESEARCH REFERENCES

ALR.

- Extraterritorial effect of provision in decree of divorce as to custody of child, 20 A.L.R. 815; 72 A.L.R. 441; 116 A.L.R. 1299; 160 A.L.R. 400.

Cases Citing O.C.G.A. § 19-9-20

Total Results: 5  |  Sort by: Relevance  |  Newest First

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In the Interest of J. P., 480 S.E.2d 8 (Ga. 1997).

Cited 97 times | Published | Supreme Court of Georgia | Jan 21, 1997 | 267 Ga. 492, 97 Fulton County D. Rep. 196

...In contrast, child custody orders requiring an application to appeal under OCGA § 5-6-35(a)(2), "include those entered as part of a divorce case or pursuant to the Uniform Child Custody Jurisdiction Act of 1978 [OCGA § 19-9-40 et seq.] or the Georgia Child Custody Intrastate Jurisdiction Act of 1978 [OCGA § 19-9-20 et seq.]." Bryant v....
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Dallow v. Dallow, 299 Ga. 762 (Ga. 2016).

Cited 20 times | Published | Supreme Court of Georgia | Sep 12, 2016 | 791 S.E.2d 20

...73, 76 (658 SE2d 769) (2008) (“‘[T]here is no such thing as a default judgment on the pleadings.’” (citation omitted)). 18 374-375 (245 SE2d 648) (1978) (plurality opinion). The CCIJA is codified at OCGA §§ 19-9-20 to 19-9-24.4 (b) We first consider OCGA § 19-9-23.5 Subsection (a) requires that any complaint seeking to change which parent has the majority of parenting time must be brought as a separate action in that primary ph...
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Douglas v. Douglas, 678 S.E.2d 904 (Ga. 2009).

Cited 9 times | Published | Supreme Court of Georgia | Jun 15, 2009 | 285 Ga. 548, 2009 Fulton County D. Rep. 2001

...See Wood v. McGee, 241 Ga. 242, 243, 244 S.E.2d 846 (1978). 2. Father further contends that the habeas court order amounts to an improper change of custody in violation of the Georgia Child Custody Intrastate Jurisdiction Act of 1978 (the Act). OCGA § 19-9-20 et seq....
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Upchurch v. Smith, 635 S.E.2d 710 (Ga. 2006).

Cited 3 times | Published | Supreme Court of Georgia | Oct 2, 2006 | 281 Ga. 28, 2006 Fulton County D. Rep. 3004

...NOTES [1] We reject Smith's argument that venue in this case is determined by OCGA § 19-9-23 inasmuch as that provision is part of the Georgia Child Custody Intrastate Jurisdiction Act and has no application to out-of-state defendants. See OCGA §§ 19-9-20, 19-9-21.
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DeKalb Cnty. Dep't of Fam. & Child. Servs. v. Queen, 252 Ga. 274 (Ga. 1984).

Cited 1 times | Published | Supreme Court of Georgia | Mar 7, 1984 | 312 S.E.2d 800

...o intervene that Lillian Dorothy Queen McMichael appeals. We reverse as to DeKalb County DFACS and dismiss as to Lillian Dorothy Queen McMichael. Case Number 40432. Appellants contend that it was error to fail to apply pertinent provisions of OCGA § 19-9-20 et seq....