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2018 Georgia Code 19-9-92 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 19-9-92 Case Law from Google Scholar Amendments to OCGA 19-9-92

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

19-9-92. Awarding of necessary and reasonable expenses.

  1. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
  2. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this article.

(Code 1981, §19-9-92, enacted by Ga. L. 2001, p. 129, § 1.)

JUDICIAL DECISIONS

Only applicable to prevailing party in enforcement proceeding.

- Costs and attorney fees are allowable under O.C.G.A. § 19-9-92 only to the prevailing party in an enforcement proceeding, not to a party prevailing on the issue of jurisdiction. Delgado v. Combs, 314 Ga. App. 419, 724 S.E.2d 436 (2012), cert. denied, No. S12C1106, 2012 Ga. LEXIS 602 (Ga. 2012).

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).

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