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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 Georgia Code 19-9-20 From Courtlistener.com

Total Results: 5

Dallow v. Dallow

Court: Supreme Court of Georgia | Date Filed: 2016-09-12

Citation: 299 Ga. 762, 791 S.E.2d 20, 2016 Ga. LEXIS 581

Snippet: (plurality opinion). The CCIJA is codified at OCGA §§ 19-9-20 to 19-9-24. 4 (b) We first consider

Douglas v. Douglas

Court: Supreme Court of Georgia | Date Filed: 2009-06-15

Citation: 678 S.E.2d 904, 285 Ga. 548, 2009 Fulton County D. Rep. 2001, 2009 Ga. LEXIS 313

Snippet: Intrastate Jurisdiction Act of 1978 (the Act). OCGA § 19-9-20 et seq. Prior to passage of the Act, habeas corpus

Upchurch v. Smith

Court: Supreme Court of Georgia | Date Filed: 2006-10-02

Citation: 635 S.E.2d 710, 281 Ga. 28, 2006 Fulton County D. Rep. 3004, 2006 Ga. LEXIS 599

Snippet: application to out-of-state defendants. See OCGA §§ 19-9-20, 19-9-21.

In the Interest of J. P.

Court: Supreme Court of Georgia | Date Filed: 1997-01-21

Citation: 480 S.E.2d 8, 267 Ga. 492, 97 Fulton County D. Rep. 196, 1997 Ga. LEXIS 9

Snippet: Custody Intrastate Jurisdiction Act of 1978 [OCGA § 19-9-20 et seq.]." Bryant v. Wigley, 246 Ga. 155, 156(1)

DeKalb County Department of Family & Children Services v. Queen

Court: Supreme Court of Georgia | Date Filed: 1984-03-07

Citation: 252 Ga. 274, 312 S.E.2d 800, 1984 Ga. LEXIS 676

Snippet: to fail to apply pertinent provisions of OCGA § 19-9-20 et seq. (Code Ann. § 24-301b), the Georgia Child