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2018 Georgia Code 19-9-70 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-70 Case Law from Google Scholar Amendments to OCGA 19-9-70

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

19-9-70. Requiring appearance for in state and out of state residents; other court orders.

  1. In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
  2. If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Code Section 19-9-47 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
  3. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this Code section.
  4. If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this Code section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

(Code 1981, §19-9-70, enacted by Ga. L. 2001, p. 129, § 1.)

PART 3 J URISDICTION AND ENFORCEMENT OF FOREIGN DECREES

Law reviews.

- For article, "Domestic Relations Law," see 53 Mercer L. Rev. 265 (2001).

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.

Enforcement of foreign custody decrees.

- Foreign custody decrees are enforceable merely by filing a certified copy with the clerk of superior court. Roehl v. O'Keefe, 243 Ga. 696, 256 S.E.2d 375 (1979) (decided under former Code Section19-9-55).

Failure to domesticate foreign decree.

- Trial court lacked subject matter jurisdiction of a Florida decree that had not been domesticated. Kempton v. Richards, 233 Ga. App. 238, 503 S.E.2d 876 (1998) (decided under former Code Section19-9-55).

Without an original signature or court seal, a foreign divorce decree did not meet the statutory requirements for proper domestication. Henderson v. Justice, 223 Ga. App. 591, 478 S.E.2d 434 (1996) (decided under former Code Section19-9-55).

Domestication of foreign decree.

- Trial court did not domesticate Texas divorce decree and was therefore not authorized to modify child support and visitation provisions of that decree. McGowan v. McGowan, 231 Ga. App. 362, 498 S.E.2d 574 (1998) (decided under former Code Section19-9-55).

Act of simply appending a divorce and custody decree as an exhibit to a petition for modification of custody did not constitute a proper filing of the decree for purposes of the decree's domestication. Wylie v. Blatchley, 237 Ga. App. 563, 515 S.E.2d 855 (1999) (decided under former Code Section19-9-55).

RESEARCH REFERENCES

C.J.S.

- 50 C.J.S., Judgments, §§ 1259 et seq., 1274.

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