Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 19-9-47 | Car Wreck Lawyer

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

19-9-47. Notice and proof of service on persons outside the state.

  1. Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
  2. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
  3. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

(Code 1981, §19-9-47, enacted by Ga. L. 2001, p. 129, § 1.)

Cross references.

- Grounds for exercise of personal jurisdiction over nonresidents generally, § 9-10-91.

Service of process generally, § 9-11-4.

JUDICIAL DECISIONS

Personal service on parent in foreign state.

- After the first parent took the parties' child from Georgia to South Carolina, the second parent filed a custody action in Georgia. Personal service of the complaint on the first parent in South Carolina was sufficient to confer jurisdiction under South Carolina R. Civ. P. 4(d)(1), and hence, was sufficient under O.C.G.A. § 19-9-47 as well. Croft v. Croft, 298 Ga. App. 303, 680 S.E.2d 150 (2009).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus, §§ 119, 123, 135.

C.J.S.

- 27C C.J.S., Divorce, § 1044 et seq. 39A C.J.S., Habeas Corpus, §§ 273, 344 et seq., 376. 67A C.J.S., Parent and Child, § 95 et seq.

U.L.A.

- Uniform Child Custody Jurisdiction Act (U.L.A.) § 5.

ALR.

- Right of parent to notice and hearing before being deprived of custody of child, 76 A.L.R. 242.

Cases Citing Georgia Code 19-9-47 From Courtlistener.com

Total Results: 6

McInerney v. McInerney

Court: Supreme Court of Georgia | Date Filed: 2022-03-15

Snippet: no 2 Holtsclaw held that while OCGA § 19-9-47 (a) “authorizes a court of this state to decline

Spies v. Carpenter

Court: Supreme Court of Georgia | Date Filed: 2014-11-03

Citation: 296 Ga. 131, 765 S.E.2d 340, 2014 Ga. LEXIS 887

Snippet: is an inconvenient forum under [former] OCGA § 19-9-47.” Id. This Court concluded that, although the trial

At & T CORP. v. Sigala

Court: Supreme Court of Georgia | Date Filed: 2001-07-16

Citation: 549 S.E.2d 373, 274 Ga. 137, 2001 Fulton County D. Rep. 2217, 2001 Ga. LEXIS 579

Snippet: by statute or rule as of 1988); see also OCGA § 19-9-47 (applying forum non conveniens doctrine as part

Patterson v. Patterson

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

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

Snippet: jurisdiction over a properly filed divorce action. OCGA § 19-9-47 (f); Holtsclaw, supra at 165; Norowski v. Norowski

Holtsclaw v. Holtsclaw

Court: Supreme Court of Georgia | Date Filed: 1998-03-02

Citation: 496 S.E.2d 262, 269 Ga. 163, 98 Fulton County D. Rep. 711, 1998 Ga. LEXIS 282

Snippet: the custody issue to Mississippi. Citing OCGA § 19-9-47(e)(1), the trial court dismissed the child custody

Norowski v. Norowski

Court: Supreme Court of Georgia | Date Filed: 1997-04-14

Citation: 483 S.E.2d 577, 267 Ga. 841, 97 Fulton County D. Rep. 1243, 1997 Ga. LEXIS 137

Snippet: court. Additionally, the language of O.C.G.A. § 19-9-47(f) expressly anticipates that courts of different