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O.C.G.A. § 19-9-46 — Priority of question of jurisdiction | Georgia Code
O.C.G.A. § 19-9-46 (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 3 UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

19-9-46. Priority of question of jurisdiction.

If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

(Code 1981, §19-9-46, enacted by Ga. L. 2001, p. 129, § 1.)

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.

Inquiry into jurisdiction.

- Because the parties' Texas divorce action had been abated due to an earlier Mexican divorce, there was no action pending in Texas; therefore, the trial court did not have to inquire into the court's jurisdiction under the former Uniform Child Custody Jurisdiction Act, O.C.G.A. § 19-9-40 et seq. Baca v. Baca, 256 Ga. App. 514, 568 S.E.2d 746 (2002) (decided under former Code Section19-9-40 et seq.)

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.