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2018 Georgia Code 19-9-83 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-83 Case Law from Google Scholar Amendments to OCGA 19-9-83

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

19-9-83. Recognition of foreign custody decrees; remedies.

  1. A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this article or the determination was made under factual circumstances meeting the jurisdictional standards of this article and the determination has not been modified in accordance with this article.
  2. A court of this state may utilize any remedy available under other laws of this state to enforce a child custody determination made by a court of another state. The remedies provided in this part are cumulative and do not affect the availability of other remedies to enforce a child custody determination.

(Code 1981, §19-9-83, enacted by Ga. L. 2001, p. 129, § 1.)

JUDICIAL DECISIONS

Registration of foreign decree not required for enforcement.

- Indiana father was not entitled to mandatory notice of registration of an Indiana child custody decree under O.C.G.A. § 19-9-85 of the Uniform Child Custody Jurisdiction and Enforcement Act, O.C.G.A. § 19-9-40 et seq., before enforcement of the decree in Georgia because the enforcement remedies were cumulative, O.C.G.A. § 19-9-83(b), and the parent sought enforcement under § 19-9-83 and O.C.G.A. § 19-9-88. Ward v. Smith, 334 Ga. App. 876, 780 S.E.2d 702 (2015).

Georgia court could use contempt to enforce foreign child custody decree.

- Georgia trial court's September 11 order requiring an Indiana father to return the child to his mother in Georgia was in effect before the Indiana court surrendered jurisdiction to the Georgia court and was entitled to full faith and credit; when the father failed to return the child, the Georgia court was authorized to use the court's contempt powers to enforce the order under O.C.G.A. § 19-9-83. An award of attorney's fees and costs was also authorized under O.C.G.A. §§ 19-9-90 and19-9-92. Ward v. Smith, 334 Ga. App. 876, 780 S.E.2d 702 (2015).

Cited in Daniels v. Barnes, 289 Ga. App. 897, 658 S.E.2d 472 (2008).

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