O.C.G.A.

O.C.G.A. § 19-9-83 (2019)

Recognition of foreign custody decrees; remedies

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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(a) 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.

(b) 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.

History

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

Annotations

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. § 19-983(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 Ga. App. LEXIS 742 (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 and 19-9-92. Ward v. Smith, 334 Ga. App. 876, 780 S.E.2d 702, 2015 Ga. App. LEXIS 742 (2015).

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2008–2024 · leading case: Daniels v. Barnes, 658 S.E.2d 472 (Ga. Ct. App. 2008).

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Daniels v. Barnes, 658 S.E.2d 472 (Ga. Ct. App. 2008). · cites it 2× “But the return of service only shows that Daniels was served with the summons and complaint. Finally, the grandparents argue that we need not reverse the lower court’s judgment because under the UCCJEA, the contempt order is enforceable in a Rhode Island court.”

Ward v. Smith, 780 S.E.2d 702 (Ga. Ct. App. 2015). · cites it 12× “The enforcement remedies under the UCCJEA are cumulative, see OCGA § 19-9-83 (b), and enforcement via registration or domestication of a child custody determination pursuant to OCGA § 19-9-85 is only one of the available remedies.”

Jennice Irene Carter v. Kenneth Alex Simpson (Ga. Ct. App. 2019). · cites it 2× “The trial court, pursuant to OCGA § 19-9-83, ordered Carter to comply with the New York order awarding Simpson sole legal and physical custody of the parties’ minor child.”

Andrew Rufus Makin v. Katherine Elizabeth Ann Davis (Ga. Ct. App. 2022). · cites it 2× “As relevant here, pursuant to OCGA § 19-9-83 (a), [a] court of this state shall recognize and enforce a child custody determination of a court of another state[4] if the latter court exercised 3 The superior court’s order included no findings of fact or conclusions of law.”

In the Interest of D. H., a Child (Mother) (Ga. Ct. App. 2024). · cites it 2× “OCGA § 19-9-83 (a). “We construe the UCCJEA liberally so as to carry out the remedial aspects of the law.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.