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2018 Georgia Code 19-9-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-22 Case Law from Google Scholar Amendments to OCGA 19-9-22

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 2 CHILD CUSTODY INTRASTATE JURISDICTION ACT

19-9-22. Definitions.

As used in this article, the term:

  1. "Custody" includes visitation rights.
  2. "Legal custodian" means a person, including, but not limited to, a parent, who has been awarded permanent custody of a child by a court order. A person who has not been awarded custody of a child by court order shall not be considered as the legal custodian while exercising visitation rights. Where custody of a child is shared by two or more persons or where the time of visitation exceeds the time of custody, that person who has the majority of time of custody or visitation shall be the legal custodian.
  3. "Physical custodian" means a person, including, but not limited to, a parent, who is not the "legal custodian" of a child but who has physical custody of the child.

(Ga. L. 1978, p. 1957, § 3.)

Law reviews.

- For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003). For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005).

JUDICIAL DECISIONS

"Legal guardian."

- Grandmother was not a "legal guardian" of a child within the meaning of O.C.G.A. § 19-9-22 or O.C.G.A. § 15-11-13. Stills v. Johnson, 272 Ga. 645, 533 S.E.2d 695 (2000).

Change in visitation is form of change in child custody. Tirado v. Shelnutt, 159 Ga. App. 624, 284 S.E.2d 641 (1981).

When the mother had legal custody, it was error for the trial court to indirectly effect a change in custody by modifying a visitation schedule so that the father was given more custody time than the mother. Kennedy v. Adams, 218 Ga. App. 120, 460 S.E.2d 540 (1995).

It was not error for a trial court to order a custody evaluation in a visitation dispute because: (1) O.C.G.A. § 19-9-22(1) included visitation in the definition of "custody"; and (2) O.C.G.A. § 19-9-3(a)(7) authorized the court to order an evaluation. Gottschalk v. Gottschalk, 311 Ga. App. 304, 715 S.E.2d 715 (2011).

Cited in Seymour v. Seymour, 156 Ga. App. 293, 274 S.E.2d 690 (1980); Pruitt v. Hooks, 163 Ga. App. 892, 296 S.E.2d 193 (1982); DeKalb County Dep't of Family & Children Servs. v. Queen, 252 Ga. 274, 312 S.E.2d 800 (1984); In re M.M.A., 174 Ga. App. 898, 332 S.E.2d 39 (1985); Bullington v. Bullington, 181 Ga. App. 256, 351 S.E.2d 700 (1986); Alvarez v. Sills, 258 Ga. 18, 365 S.E.2d 107 (1988); Martin v. Buglioli, 185 Ga. App. 722, 365 S.E.2d 866 (1988); Oglesby v. Deal, 311 Ga. App. 622, 716 S.E.2d 749 (2011); Smith v. Curtis, 316 Ga. App. 890, 730 S.E.2d 604 (2012).

RESEARCH REFERENCES

C.J.S.

- 2 C.J.S., Adoption of Persons, § 47. 39 C.J.S., Guardian and Ward, §§ 51, 52. 67A C.J.S., Parent and Child, §§ 167, 168.

Cases Citing O.C.G.A. § 19-9-22

Total Results: 9  |  Sort by: Relevance  |  Newest First

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Vines v. Vines, 292 Ga. 550 (Ga. 2013).

Cited 55 times | Published | Supreme Court of Georgia | Mar 4, 2013 | 739 S.E.2d 374, 2013 Fulton County D. Rep. 399

...In several enumerations of error, Thomas argues the trial court abused its discretion by denying his motion to modify the visitation rights afforded him in the trial court’s 2007 order. Under Georgia law, visitation rights are apart of custody. See OCGA § 19-9-22 (1)....
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Stills v. Johnson, 533 S.E.2d 695 (Ga. 2000).

Cited 46 times | Published | Supreme Court of Georgia | Jul 10, 2000 | 272 Ga. 645, 2000 Fulton County D. Rep. 3553

...Nor is either party to this action a parent or legal custodian of the child. As we have previously noted, the grandmother is not a "parent" of the child within the meaning of OCGA §§ 19-8-1 or 19-11-3(7). She is not a "legal custodian" of the child pursuant to OCGA §§ 19-9-22(2) or 15-11-43. [7] These code sections provide that a legal custodian is one who has been given legal custody by court order. In Alvarez v. Sills, [8] this Court held that under the strict terms of OCGA § 19-9-22(2), legal custody of a child cannot be conferred by agreement, but may only be conferred by court order....
...[36] Majority opinion at 700-701. [37] Wrightson v. Wrightson, 266 Ga. 493, 496, 467 S.E.2d 578 (1996); Prater v. Wheeler, 253 Ga. 649, 322 S.E.2d 892 (1984). [38] See OCGA §§ 19-9-21 to 19-9-24. [39] 258 Ga. 18, 365 S.E.2d 107 (1988). [40] See OCGA §§ 19-9-23(a), (b); 19-9-22(2)....
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Dellinger v. Dellinger, 609 S.E.2d 331 (Ga. 2004).

Cited 25 times | Published | Supreme Court of Georgia | Nov 23, 2004 | 278 Ga. 732, 2004 Fulton County D. Rep. 3745

...terests of the child at the time the self-executing change would become effective. Id. at 375, 578 S.E.2d 876. Of course, we must look to the best interests of the child in determining both custody and visitation matters. See OCGA §§ 19-9-3(a)(2); 19-9-22(1); 19-9-41....
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Alvarez v. Sills, 365 S.E.2d 97 (Ga. 1988).

Cited 22 times | Published | Supreme Court of Georgia | Feb 25, 1988 | 258 Ga. 18

...That act governs the procedure to be followed by a party seeking a change in "legal custody," OCGA § 19-9-23 (a) and (b) (emphasis supplied), and defines "legal custodian" as "a person who has been awarded permanent custody of a child by a court order. " OCGA § 19-9-22 (2)....
...The majority holds that OCGA § 19-9-23 (d) is inapplicable in this case because the appellee is not the legal custodian as required in OCGA § 19-9-23 (a). A legal custodian is defined as one "who has been awarded permanent custody of a child by a court order." OCGA § 19-9-22 (2)....
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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

...The term “legal custodian” as used in the CCIJA means, “[w]here custody of a child is shared by two or more persons or where the time of visitation exceeds the time of custody, that person who has the majority of time of custody or visitation.” OCGA § 19-9-22 (2)....
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Johnson v. Johnson, 290 Ga. 359 (Ga. 2012).

Cited 12 times | Published | Supreme Court of Georgia | Jan 9, 2012 | 721 S.E.2d 92, 2012 Fulton County D. Rep. 80

...Acting pursuant to this Court’s Pilot Project, by which we granted all non-frivolous applications for discretionary review of a final judgment and decree of divorce, we granted Father’s application for *360discretionary review.1 Visitation rights are part of custody (OCGA § 19-9-22 (1)), and the provision at issue is a self-executing change of visitation since it allows for an automatic change in Father’s visitation with his child, from supervised to unsupervised, based on a future event — the determination of the therapist — without any additional judicial scrutiny....
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Kapur v. Roach, 534 S.E.2d 420 (Ga. 2000).

Cited 10 times | Published | Supreme Court of Georgia | Sep 11, 2000 | 272 Ga. 767, 2000 Fulton County D. Rep. 3551

...court's denial of the wife's motion to dismiss or transfer the counterclaim by the husband. Judgment affirmed. All the Justices concur. NOTES [1] A legal custodian is a person who has been awarded permanent custody of the child by court order. OCGA § 19-9-22(2).
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Andersen v. Farrington, 291 Ga. 775 (Ga. 2012).

Cited 2 times | Published | Supreme Court of Georgia | Sep 10, 2012 | 731 S.E.2d 351, 2012 Fulton County D. Rep. 2739

...$331. Wife sought and we granted this discretionary appeal. 1. Wife asserts husband’s motion seeking a change in custody should have been filed in Fulton County, not Forsyth County, because wife had primary physical custody of the children, OCGA § 19-9-22 (2), and she resided in Fulton County when husband sought a custody change....
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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

...OCGA § 19-9-23 (Code Ann. § 24-304b). There is no doubt that the Act controls on the present facts. “Legal custodian” is defined in the Act to mean a person, who may or may not be a parent, who has been awarded permanent custody of a child by a court order. OCGA § 19-9-22 (2) (Code Anri....