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2018 Georgia Code 19-9-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-40 Case Law from Google Scholar Amendments to OCGA 19-9-40

TITLE 19 DOMESTIC RELATIONS

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

ARTICLE 3 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

19-9-40. Short title.

This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."

(Code 1981, §19-9-40, enacted by Ga. L. 2001, p. 129, § 1.)

Law reviews.

- For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006). For survey article on domestic relations law, see 59 Mercer L. Rev. 139 (2007). For note on the 2001 amendments to this part, see 18 Ga. St. U.L. Rev. 58 (2001).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under the Uniform Child Custody Jurisdiction Act, former Code 1933, §§ 74-501 through 74-525, subsequently codified as §§ 19-9-40 through19-9-64, are included in the annotations for this Code section.

Article to be considered in pari materia with applicable legislation.

- Former Uniform Child Custody Jurisdiction Act does not expressly repeal any particular provisions of the Civil Practice Act, nor existing statutory provisions covering divorce, custody, alimony, and child support procedures, and must be considered in pari materia with other applicable provisions of law. Gambrell v. Gambrell, 246 Ga. 516, 272 S.E.2d 70 (1980) (decided under former Code 1933, § 74-510).

Effective date.

- Effective July 1, 2001, the Uniform Child Custody Jurisdiction Act was replaced by the Uniform Child Custody Jurisdiction and Enforcement Act, O.C.G.A. § 19-9-40 et seq. Edwards v. Edwards, 254 Ga. App. 849, 563 S.E.2d 888 (2002).

Parental Kidnapping Prevention Act, 28 U.S.C. § 1738 et seq., applies in all interstate child custody disputes, not only when a child was abducted by a parent and removed to another state. Wilson v. Gouse, 263 Ga. 887, 441 S.E.2d 57 (1994) (decided under former Uniform Child Custody Jurisdiction Act).

Modification of out-of-state decree.

- Ohio court which entered the initial custody decree no longer had jurisdiction over the subject matter of the modification action; thus, Georgia was free under § 1738A(f) of the Parental Kidnapping Prevention Act (28 U.S.C. § 1738A(f)) to modify the Ohio custody order and was correct when it initially assumed jurisdiction to do so. Wilson v. Gouse, 263 Ga. 887, 441 S.E.2d 57 (1994) (decided under former Uniform Child Custody Jurisdiction Act).

No abuse of discretion in declining jurisdiction.

- Trial court did not abuse the court's discretion by declining to exercise jurisdiction in a child custody case under O.C.G.A. § 19-9-67(b) because the children lived in Texas, the witnesses, such as the children's teachers and health care providers were in Texas, and the trial court determined that the case could be more expeditiously resolved there. Odion v. Odion, 325 Ga. App. 733, 754 S.E.2d 778 (2014).

Cited in Edmondson v. Gilmore, 251 Ga. App. 776, 554 S.E.2d 742 (2001); Jones v. Van Horn, 283 Ga. App. 144, 640 S.E.2d 712 (2006); Black v. Black, 292 Ga. 691, 740 S.E.2d 613 (2013); Devlin v. Devlin, 339 Ga. App. 520, 791 S.E.2d 840 (2016); Bowman v. Bowman, 345 Ga. App. 380, 811 S.E.2d 103 (2018).

RESEARCH REFERENCES

U.L.A.

- Uniform Child Custody Jurisdiction Act (U.L.A.) § 26.

ALR.

- Applicability of Uniform Child Custody Jurisdiction Act (UCCJA) to temporary custody orders, 81 A.L.R.4th 1101.

Child custody: when does state that issued previous custody determination have continuing jurisdiction under Uniform Child Custody Jurisdiction Act (UCCJA) or Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A, 83 A.L.R.4th 742.

Child custody and visitation rights of person infected with AIDS, 86 A.L.R.4th 211.

Home state jurisdiction of court under § 3(a)(1) of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(c)(2)(A), 6 A.L.R.5th 1.

Default jurisdiction of court under § 3(a)(4) of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA), 28 USCS § 1738A(c)(2)(D), 6 A.L.R.5th 69.

Abandonment jurisdiction of court under §§ 3(a)(3)(i) and 14(a) of Uniform Child Custody Jurisdiction Act and Parental Kidnapping Prevention Act, 28 USCA §§ 1738A(c)(2)(C)(i) and 1738A(f), notwithstanding existence of prior valid custody decree rendered by second state, 78 A.L.R.5th 465.

Construction and application of Uniform Child Custody Jurisdiction and Enforcement Act's home state jurisdiction provision, 57 A.L.R. 6th 163.

Applicability and application of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to international child custody and support actions, 66 A.L.R.6th 269.

Construction and application of International Child Abduction Remedies Act (42 USCS § 11601 et seq.), 125 A.L.R. Fed. 217.

Cases Citing O.C.G.A. § 19-9-40

Total Results: 20  |  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

...ught to decide custody matters. 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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Kuriatnyk v. Kuriatnyk, 690 S.E.2d 397 (Ga. 2010).

Cited 83 times | Published | Supreme Court of Georgia | Mar 1, 2010 | 286 Ga. 589, 2010 Fulton County D. Rep. 521

...ot been a bona fide resident of Georgia for six consecutive months before filing her complaint. In another enumeration, he urges that the trial court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), OCGA § 19-9-40 et seq., because the child's home state was Florida, as he had not lived in Georgia with Mother for at least six consecutive months prior to commencement of this action....
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Dyer v. Surratt, 466 S.E.2d 584 (Ga. 1996).

Cited 39 times | Published | Supreme Court of Georgia | Feb 12, 1996 | 266 Ga. 220, 96 Fulton County D. Rep. 600

...The trial court determined that Surratt had timely asserted her defense of lack of personal jurisdiction, and dismissed Dyer's petition after concluding that the Georgia court lacked subject matter jurisdiction and that the Uniform Child Custody Jurisdiction Act (UCCJA), OCGA § 19-9-40 et seq., "preempted" Dyer's petition for contempt....
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Gainey v. Olivo, 373 S.E.2d 4 (Ga. 1988).

Cited 29 times | Published | Supreme Court of Georgia | Oct 20, 1988 | 258 Ga. 640, 78 A.L.R. 4th 1021

...Writ of certiorari vacated. All the Justices concur, except Smith, J., who dissents. Weltner, J., disqualified. Case No. 45311. Judgment affirmed on other grounds. All the Justices concur, except Smith, J., who dissents. Weltner, J., disqualified. NOTES [1] OCGA § 19-9-40 to § 19-9-64....
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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

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Wilson v. Gouse, 441 S.E.2d 57 (Ga. 1994).

Cited 24 times | Published | Supreme Court of Georgia | Mar 9, 1994 | 263 Ga. 887, 94 Fulton County D. Rep. 887

...ions were pending in the Ohio courts, Gouse filed a petition in the Chatham County Superior Court to modify James Wilson's visitation privileges. The Chatham County Superior Court held it had jurisdiction to modify the Ohio custody decree under OCGA § 19-9-40 et seq., Georgia's version of the Uniform Child Custody Jurisdiction Act (the "UCCJA") on several grounds, including the fact that Georgia was the children's home state and because the children and the modification action had significant connections with the state of Georgia....
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Early v. Early, 499 S.E.2d 329 (Ga. 1998).

Cited 22 times | Published | Supreme Court of Georgia | May 4, 1998 | 269 Ga. 415

...since resided. In August 1996, the Georgia court held that California was the appropriate forum to determine issues that had arisen between the parties over child custody and visitation under the Uniform Child Custody Jurisdiction Act (UCCJA), OCGA § 19-9-40 et seq....
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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

...county of residence.6 Subsection (b) requires that any complaint by the primary 4 In 2001, the General Assembly replaced the UCCJA with Georgia’s version of the Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA, Ga. L. 2001, p. 129 (codified at OCGA §§ 19-9-40 to 19-9-104). 5 OCGA § 19-9-23 says in full: (a) Except as otherwise provided in this Code section, after a court has determined who is to be the legal custodian of a child, any complaint see...
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Bellew v. Larese, 706 S.E.2d 78 (Ga. 2011).

Cited 20 times | Published | Supreme Court of Georgia | Feb 7, 2011 | 288 Ga. 495, 2011 Fulton County D. Rep. 202

...On September 15, 2008, [3] Larese moved to stay the trial court's proceedings, and for the trial court to communicate with the Italian courts, asserting that such was required by the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). OCGA § 19-9-40 et seq....
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Kemp v. Sharp, 409 S.E.2d 204 (Ga. 1991).

Cited 16 times | Published | Supreme Court of Georgia | Oct 18, 1991 | 261 Ga. 600

...t custody actions be brought in the county of residence of the legal custodian of the child. The trial court was correct in declining to consider the issue, but not for the reason given. Under the Uniform Child Custody Jurisdiction Act (UCCJA), OCGA § 19-9-40 et seq., jurisdiction for modification of child custody matters, which include visitation, is in the home state of the child....
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Black v. Black, 292 Ga. 691 (Ga. 2013).

Cited 15 times | Published | Supreme Court of Georgia | Mar 25, 2013 | 740 S.E.2d 613, 2013 Fulton County D. Rep. 739

...Michelle contends that the Georgia trial court should have stayed its proceedings in favor of the New York proceedings for two reasons. First, she says, the New York court properly had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), OCGA § 19-9-40 et seq., to resolve questions concerning the custody of their children, and the UCCJEA absolutely required a stay of the Georgia proceedings, at least as to questions of child custody, until the New York court determined the proper forum in which to resolve those questions....
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Plummer v. Plummer, 823 S.E.2d 258 (Ga. 2019).

Cited 11 times | Published | Supreme Court of Georgia | Jan 22, 2019 | 305 Ga. 23

Boggs, Justice. **23This appeal involves the interpretation of a provision of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Georgia as OCGA § 19-9-40 et seq....
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Jackson v. Sanomi, 292 Ga. 888 (Ga. 2013).

Cited 6 times | Published | Supreme Court of Georgia | May 6, 2013 | 742 S.E.2d 717, 2013 Fulton County D. Rep. 1458

...The superior court determined it was without jurisdiction to modify the New Jersey custody award and ordered mother to deliver the child to father’s representative. Mother contends the superior court erred in refusing to take jurisdiction of this case under the Uniform Child Custody Jurisdiction and Enforcement Act (OCGA § 19-9-40 et seq.)....
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Yount v. Mulle, 470 S.E.2d 647 (Ga. 1996).

Cited 6 times | Published | Supreme Court of Georgia | May 28, 1996 | 266 Ga. 729, 96 Fulton County D. Rep. 1987

...The father moved to decline jurisdiction and to dismiss the complaint on the basis that the Tennessee court retained jurisdiction. The Superior Court of Chatham County denied the father's motion and assumed jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA), OCGA § 19-9-40 et seq....
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Markle v. Dass, 300 Ga. 702 (Ga. 2017).

Cited 4 times | Published | Supreme Court of Georgia | Mar 6, 2017 | 797 S.E.2d 868

...fter a hearing, the superior court entered a writ of habeas corpus on February 24, 2016, finding that Georgia was the “home state” of the child within the meaning of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), OCGA § 19-9-40 et seq., and ordering that the child be returned to Dass. Under the UCCJEA, the superior court’s subject matter jurisdiction to make such “an initial child custody determination is heavily dependent on the question of whether the cour...
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DeVito v. DeVito, 628 S.E.2d 108 (Ga. 2006).

Cited 4 times | Published | Supreme Court of Georgia | Mar 27, 2006 | 280 Ga. 367, 2006 Fulton County D. Rep. 953

...Arm Statute. In response, appellant filed a motion to dismiss for lack of personal and subject matter jurisdiction challenging the constitutionality of OCGA § 19-9-62(a) of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), OCGA § 19-9-40 et seq....
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Cooke v. Cooke, 277 Ga. 731 (Ga. 2004).

Cited 4 times | Published | Supreme Court of Georgia | Mar 29, 2004 | 594 S.E.2d 370, 2004 Fulton County D. Rep. 1127

...divorce, alimony, child support, and property division. Whether Georgia’s courts may exercise jurisdiction over Hugh’s claim for child custody must be determined in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, OCGA § 19-9-40 et seq., as well as any relevant international agreements and/or treaties. Ga....
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Norowski v. Norowski, 483 S.E.2d 577 (Ga. 1997).

Cited 2 times | Published | Supreme Court of Georgia | Apr 14, 1997 | 267 Ga. 841, 97 Fulton County D. Rep. 1243

...Therefore, while the trial court correctly found that it cannot decide child custody because of the pendency of the Mississippi appeal, it erred in dismissing wife's petition for divorce. Judgment reversed. All the Justices concur. NOTES [1] 28 U.S.C. § 1738A. [2] O.C.G.A. § 19-9-40....
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Devito v. Devito, 280 Ga. 367 (Ga. 2006).

Cited 1 times | Published | Supreme Court of Georgia | Mar 27, 2006 | 628 S.E.2d 108

...tatute. In response, appellant filed a motion to dismiss for lack of personal and subject matter jurisdiction challenging the constitutionality of OCGA § 19-9-62 (a) of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), OCGA § 19-9-40 et seq....

Plummer v. Plummer (Ga. 2019).

Published | Supreme Court of Georgia | Jan 22, 2019 | 628 S.E.2d 108

...22, 2019 S18G0146. PLUMMER v. PLUMMER. BOGGS, Justice. This appeal involves the interpretation of a provision of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified in Georgia as OCGA § 19-9-40 et seq....