Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse. (b) If there is no previous child custody determination that is entitled to be enforced under this article and a child custody proceeding has not been commenced in a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63, a child custody determination made under this Code section remains in effect until an order is obtained from a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63, a child custody determination made under this Code section becomes a final determination, if it so provides and this state becomes the home state of the child. (c) If there is a previous child custody determination that is entitled to be enforced under this article, or a child custody proceeding has been commenced in a court of a state having jurisdiction under Code Sections 19-9-61 and 19-9-63, any order issued by a court of this state under this Code section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under Code Sections 19-9-61 through
Notes of Decisions
Cited in 28
cases (3 in the last 5 years), 1988–2026 · leading case: Delgado v. Combs, 724 S.E.2d 436 (Ga. Ct. App. 2012).
Delgado v. Combs, 724 S.E.2d 436 (Ga. Ct. App. 2012). · cites it 18דOn November 4, 2010, Combs filed an Emergency Petition to Modify Custody and Visitation in the Superior Court of Columbia County, Georgia, seeking to invoke the court’s jurisdiction pursuant to OCGA § 19-9-64 “to make a temporary emergency order to protect [A.”
Taylor v. Curl, 679 S.E.2d 80 (Ga. Ct. App. 2009). · cites it 12ד5 However, one exception to this general rule is found in OCGA § 19-9-64, which provides courts with temporary emergency jurisdiction over child custody cases.”
Prabnarong v. Oudomhack, 780 S.E.2d 393 (Ga. Ct. App. 2015). · cites it 22ד” Nonetheless, the court found that it had emergency jurisdiction pursuant to OCGA § 19-9-64 (a) “based upon the Affidavit of Election of [V.”
Markle v. Dass, 797 S.E.2d 868 (Ga. 2017). · cites it 10דAlthough Dass contends in this Court that the superior court was empowered to exercise *707 temporary emergency jurisdiction under OCGA § 19-9-64 (a), under these circumstances, [i]t cannot be said that the superior court was empowered to exercise temporary emergency…”
Bellew v. Larese, 706 S.E.2d 78 (Ga. 2011). · cites it 6ד6 OCGA § 19-9-61 reads: (a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction to make an initial child custody determination only if: (1) This state is the home state of the child on the date of the commencement of the proceeding, or…”
Bowman v. Bowman., 811 S.E.2d 103 (Ga. Ct. App. 2018). · cites it 7דLuke first argues that the trial court erred in exercising emergency jurisdiction because there was no basis to grant such relief under OCGA § 19-9-64. We find no reversible error.”
Anderson v. Deas, 615 S.E.2d 859 (Ga. Ct. App. 2005). · cites it 4ד4 (a) Anderson argues that the court was presented with an emergency requiring the exercise of UCCJEA jurisdiction under OCGA § 19-9-64 (a). We cannot agree. Deas initially instituted a custody proceeding concerning the child in a Maryland court in August 2002.”
Plummer v. Plummer, 823 S.E.2d 258 (Ga. 2019). · cites it 2דOCGA § 19-9-62 provides in relevant part: (a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive, continuing jurisdiction over the determination…”
Kogel v. Kogel, 786 S.E.2d 518 (Ga. Ct. App. 2016). · cites it 2דSee OCGA § 19-9-61 (a) (2) (“Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction to make an initial child custody determination only if:.”
Jackson v. Sanomi, 742 S.E.2d 717 (Ga. 2013). · cites it 4דOCGA § 19-9-64 (a) authorizes temporary emergency jurisdiction only “if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened…”
Fish v. Fish, 596 S.E.2d 654 (Ga. Ct. App. 2004). · cites it 2דOCGA§ 19-9-62 (a) provides: (a) Except as otherwise provided in Code Section 19-9-64, a court of this state which has made a child custody determination consistent with Code Section 19-9-61 or 19-9-63 has exclusive, continuing jurisdiction over the determination until: (1) A…”
Baca v. Baca, 568 S.E.2d 746 (Ga. Ct. App. 2002). · cites it 2ד) OCGA § 19-9-64 (a). 21 See OCGA § 19-13-4 (a) (6).”
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