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2018 Georgia Code 19-9-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-43 Case Law from Google Scholar Amendments to OCGA 19-9-43

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

19-9-43. Proceeding pertaining to Indian child exempted from article.

  1. A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it is governed by the Indian Child Welfare Act.
  2. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this part and Part 2 of this article.
  3. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.

(Code 1981, §19-9-43, enacted by Ga. L. 2001, p. 129, § 1.)

Cross references.

- Legitimate American Indian tribes, § 44-12-300 et seq.

RESEARCH REFERENCES

ALR.

- Construction and application of Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C.A. §§ 1901 et seq.) upon child custody determinations, 89 A.L.R.5th 195.

Cases Citing O.C.G.A. § 19-9-43

Total Results: 8  |  Sort by: Relevance  |  Newest First

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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 Georgia Court of Appeals granted Dyer's application for discretionary review, and affirmed the trial court's decision. See Dyer v. Surratt, 216 Ga.App. 876, 456 S.E.2d 510 (1995). The appellate court determined that Dyer's petition was an interstate custody matter and, applying Section 3 of the UCCJA, OCGA § 19-9-43, concluded that the Georgia court "correctly declined to exercise jurisdiction over Dyer's request for modification of custody....
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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

...Georgia. Nor is there any dispute that Wilson remains a resident of the state of Ohio or that absent the jurisdiction of the Ohio court, the Chatham County Superior Court could exercise jurisdiction as a court in the children's home state. See OCGA § 19-9-43; 28 USC § 1738A (b) (4) and (c)....
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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

...In its order, the trial court first reiterated that it did not have jurisdiction over the parties' custody and visitation issues because under the UCCJA Georgia is no longer the home state of the child and the child has no significant connections with this State. OCGA § 19-9-43(a)(1), (2)(A)....
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Lee v. Pace, 315 S.E.2d 417 (Ga. 1984).

Cited 18 times | Published | Supreme Court of Georgia | May 15, 1984 | 252 Ga. 546

...ependents. A modification action for custody and child support is an independent action within the contemplation of the statute. Jurisdiction over defendants as to custody is present because of the presence of the child within the jurisdiction. OCGA § 19-9-43 (Code Ann....
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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

...support obligation did not constitute a waiver of Sharp's right to insist on litigating custody matters in Texas, the home state of the parties' child. Judgment affirmed. All the Justices concur. NOTES [1] There are circumstances enumerated in OCGA § 19-9-43 under which this state will take jurisdiction notwithstanding another state's status as "home state," but those circumstances are not present in this case....
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Garrett v. Garrett, 477 S.E.2d 804 (Ga. 1996).

Cited 11 times | Published | Supreme Court of Georgia | Oct 15, 1996 | 267 Ga. 356, 96 Fulton County D. Rep. 3618

...no longer has jurisdiction or has declined to exercise its jurisdiction. It is clear that the Georgia court has jurisdiction to modify the original Alabama child custody order, since Georgia is now the "home state" of Ms. Garrett and the child. OCGA § 19-9-43(a)(1)(A)....
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Jackson v. Jackson, 328 S.E.2d 733 (Ga. 1985).

Cited 5 times | Published | Supreme Court of Georgia | Apr 30, 1985 | 254 Ga. 280

...y agreement does not change the result. Judgment reversed. All the Justices concur. NOTES [1] The trial court also found that it, and not the Massachusetts court, had jurisdiction over the child under the Uniform Child Custody Jurisdiction Act, OCGA § 19-9-43 (a) (1) (3), and that Massachusetts had not adopted and the Masachusetts court did not exercise jurisdiction substantially in accordance with the U.C.C.J.A....
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Patterson v. Patterson, 271 Ga. 306 (Ga. 1999).

Cited 3 times | Published | Supreme Court of Georgia | Jul 6, 1999 | 519 S.E.2d 438

...Patterson’s motion, and the order dismissing the case is the order appealed. The trial court did not rule that the father had wrongfully taken the child from South Carolina and did not rely on OCGA § 19-9-48 (a) in dismissing the case. Nor did the court *308rule that Georgia was not the child’s home state. See OCGA § 19-9-43 (a) (1). As it does not appear that any South Carolina court has made a child custody determination in this case, and no such action is pending, the Parental Kidnapping Prevention Act, 28 USC § 1738A, is not implicated....