A child custody determination made by a court of this state that had jurisdiction under this article binds all persons who have been served in accordance with the laws of this state or notified in accordance with Code Section 19-9-47 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
(Code 1981, §19-9-45, enacted by Ga. L. 2001, p. 129, § 1.)
Law reviews.- For annual survey on domestic relations law, see 64 Mercer L. Rev. 121 (2012).
JUDICIAL DECISIONS
Res judicata did not bar custody petition.
- Since a previous visitation order related to the grandparent's right to visitation, not custody, and the legal issues to be decided varied, the trial court properly determined that res judicata did not bar the grandparents' petition for custody under the Uniform Child Jurisdiction and Custody Act, O.C.G.A. § 19-9-40 et seq.; the Act does not provide that the judgment is conclusive as to all issues which could have been put in issue. Scott v. Scott, 311 Ga. App. 726, 716 S.E.2d 809 (2011).
Cited in Daniels v. Barnes, 289 Ga. App. 897, 658 S.E.2d 472 (2008); Hall v. Wellborn, 295 Ga. App. 884, 673 S.E.2d 341 (2009).
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Habeas Corpus, §§ 119, 135.
C.J.S.- 27C C.J.S., Divorce, § 1036 et seq. 39A C.J.S., Habeas Corpus, §§ 273, 344 et seq., 376. 67A C.J.S., Parent and Child, §§ 95, 96.
U.L.A.- Uniform Child Custody Jurisdiction Act (U.L.A.) § 4.
ALR.
- Right of parent to notice and hearing before being deprived of custody of child, 76 A.L.R. 242.
Award of custody of child where contest is between child's mother and grandparent, 29 A.L.R.3d 366.
Divorce: necessity of notice of application for temporary custody of child, 31 A.L.R.3d 1378.
Right, in child custody proceedings, to cross-examine investigating officer whose report is used by court in its decision, 59 A.L.R.3d 1337.
Necessity of requiring presence in court of both parties in proceedings relating to custody or visitation of children, 15 A.L.R.4th 864.