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O.C.G.A. § 19-9-21 — Purpose; construction | Georgia Code
O.C.G.A. § 19-9-21 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 2 CHILD CUSTODY INTRASTATE JURISDICTION ACT

19-9-21. Purpose; construction.

  1. The general purposes of this article are to:
    1. Avoid jurisdictional competition and conflict by courts within this state in matters of child custody, which have in the past resulted in the shifting of children from county to county with harmful effects on their well-being;
    2. Promote cooperation by the courts of this state, to the end that a custody decree is rendered by the court which can best decide the case in the interest of the child;
    3. Assure that litigation concerning the custody of a child ordinarily takes place in the court with which the child and his family have the closest connection and where significant evidence concerning the care, protection, training, and personal relationships of the child is most readily available and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another court of this state;
    4. Discourage continuing controversies over child custody, in the interest of greatest stability of home environment and of secure family relationships for the child;
    5. Deter abductions and other unilateral removals of children undertaken to obtain custody awards;
    6. Avoid relitigation of custody decisions of other courts in this state insofar as is feasible;
    7. Facilitate the enforcement of custody decrees;
    8. Make uniform the practice and procedure of the courts of this state in child custody matters.
  2. This article shall be construed to promote the general purposes stated in subsection (a) of this Code section.

(Ga. L. 1978, p. 1957, § 2.)

JUDICIAL DECISIONS

Failure to give res judicata effect to fact.

- It is an abuse of discretion for trial judge to fail to give res judicata effect to adjudication of specific factual issues raised between parties in previous proceeding which resulted in award of visitation rights. Tirado v. Shelnutt, 159 Ga. App. 624, 284 S.E.2d 641 (1981).

Cited in Hutto v. Hutto, 250 Ga. 116, 296 S.E.2d 549 (1982); DeKalb County Dep't of Family & Children Servs. v. Queen, 252 Ga. 274, 312 S.E.2d 800 (1984); Upchurch v. Smith, 281 Ga. 28, 635 S.E.2d 710 (2006).

RESEARCH REFERENCES

Am. Jur. 2d.

- 24 Am. Jur. 2d, Divorce and Separation, §§ 881, 882. 39 Am. Jur. 2d, Guardian and Ward, § 60 et seq. 39 Am. Jur. 2d, Habeas Corpus, §§ 84, 88, 107, 119, 135, 136.

C.J.S.

- 67A C.J.S., Parent and Child, §§ 63 et seq., 83, 92 et seq., 139, 140.

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