This article shall be known and may be cited as the "Georgia Child Custody Intrastate Jurisdiction Act of 1978."
(Ga. L. 1978, p. 1957, § 1.)
Law reviews.- For annual survey of domestic relations cases, see 57 Mercer L. Rev. 173 (2005).
JUDICIAL DECISIONS
Custody act not applicable.
- Boyfriend, who had been appointed temporary guardian of child, was not the child's "legal custodian" as that term was used in the Georgia Child Custody Intrastate Jurisdiction Act, O.C.G.A. § 19-9-20 et seq., and, thus, the provisions of the Act, including the Act's venue provisions, did not apply; accordingly, the trial court erred in dismissing the grandmother's petition for custody of the child on the ground that venue was not proper in the county where the mother was incarcerated but would have been proper where the temporary guardian, the boyfriend, resided, as application of the general venue rules governing venue in civil cases, contained in the Georgia Constitution, showed that since the mother was a necessary party to the grandmother's custody action, filing the action in the county where the mother was incarcerated was proper. Gordon v. Gordon, 269 Ga. App. 224, 603 S.E.2d 732 (2004).
Cited in Upchurch v. Smith, 281 Ga. 28, 635 S.E.2d 710 (2006); Oglesby v. Deal, 311 Ga. App. 622, 716 S.E.2d 749 (2011).
RESEARCH REFERENCES
ALR.
- Extraterritorial effect of provision in decree of divorce as to custody of child, 20 A.L.R. 815; 72 A.L.R. 441; 116 A.L.R. 1299; 160 A.L.R. 400.