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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 Georgia Code 19-9-43 From Courtlistener.com

Total Results: 8

Patterson v. Patterson

Court: Supreme Court of Georgia | Date Filed: 1999-07-06

Citation: 271 Ga. 306, 519 S.E.2d 438

Snippet: Georgia was not the child’s home state. See OCGA § 19-9-43 (a) (1). As it does not appear that any South

Early v. Early

Court: Supreme Court of Georgia | Date Filed: 1998-05-04

Citation: 499 S.E.2d 329, 269 Ga. 415

Snippet: significant connections with this State. OCGA § 19-9-43 (a) (1), (2) (A). The trial court then recognized

Garrett v. Garrett

Court: Supreme Court of Georgia | Date Filed: 1996-10-15

Citation: 477 S.E.2d 804, 267 Ga. 356, 96 Fulton County D. Rep. 3618, 1996 Ga. LEXIS 881

Snippet: “home state” of Ms. Garrett and the child. OCGA § 19-9-43 (a) (1) (A). Therefore, resolution of this case

Dyer v. Surratt

Court: Supreme Court of Georgia | Date Filed: 1996-02-12

Citation: 466 S.E.2d 584, 266 Ga. 220, 96 Fulton County D. Rep. 600, 1996 Ga. LEXIS 74

Snippet: matter and, applying Section 3 of the UCCJA, OCGA § 19-9-43, concluded that the Georgia court “correctly declined

Wilson v. Gouse

Court: Supreme Court of Georgia | Date Filed: 1994-03-09

Citation: 441 S.E.2d 57, 263 Ga. 887, 94 Fulton County D. Rep. 887, 1994 Ga. LEXIS 133

Snippet: court in the children's home state. See OCGA § 19-9-43; 28 USC § 1738A (b) (4) and (c). The only issue

Kemp v. Sharp

Court: Supreme Court of Georgia | Date Filed: 1991-10-18

Citation: 409 S.E.2d 204, 261 Ga. 600, 1991 Ga. LEXIS 814

Snippet: There are circumstances enumerated in OCGA § 19-9-43 under which this state will take jurisdiction notwithstanding

Jackson v. Jackson

Court: Supreme Court of Georgia | Date Filed: 1985-04-30

Citation: 328 S.E.2d 733, 254 Ga. 280, 1985 Ga. LEXIS 691

Snippet: Uniform Child Custody Jurisdiction Act, OCGA § 19-9-43 (a) (1) (3), and that Massachusetts had not adopted

Lee v. Pace

Court: Supreme Court of Georgia | Date Filed: 1984-05-15

Citation: 315 S.E.2d 417, 252 Ga. 546, 1984 Ga. LEXIS 763

Snippet: presence of the child within the jurisdiction. OCGA § 19-9-43 (Code Ann. § 74-504). However, by appellant's own