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2018 Georgia Code 19-9-90 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-90 Case Law from Google Scholar Amendments to OCGA 19-9-90

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

19-9-90. Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant.

  1. Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
    1. The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:
      1. The issuing court did not have jurisdiction under Part 2 of this article;
      2. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article; or
      3. The respondent was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47, in the proceedings before the court that issued the order for which enforcement is sought; or
    2. The child custody determination for which enforcement is sought was registered and confirmed under Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article.
  2. The court shall award the fees, costs, and expenses authorized under Code Section 19-9-92 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
  3. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
  4. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part.

(Code 1981, §19-9-90, enacted by Ga. L. 2001, p. 129, § 1.)

Cross references.

- Privilege against self-incrimination, § 24-5-506.

JUDICIAL DECISIONS

Parent entitled to fees and costs for enforcement of foreign child custody decree.

- Georgia trial court's award of attorney's fees and costs to a parent for enforcing an Indiana child custody decree was authorized under O.C.G.A. §§ 19-9-90 and19-9-92, although the Indiana order had not been registered; the parent's petition was brought primarily under O.C.G.A. §§ 19-9-83 and19-9-88 to enforce the visitation provisions of the existing decree; that the parent also requested modification and domestication of the custody determination did not change the result. Ward v. Smith, 334 Ga. App. 876, 780 S.E.2d 702 (2015).

No results found for Georgia Code 19-9-90.