Notice and Proof of Service on Persons Outside the State

1. Law
2. Georgia Code
3. Domestic Relations
4. Child Custody Proceedings
5. Uniform Child Custody Jurisdiction and Enforcement Act
6. General Provisions
7. Notice and Proof of Service on Persons Outside the State

1. Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
2. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
3. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

(Code 1981, §19-9-47, enacted by Ga. L. 2001, p. 129, § 1.)

Cross references.

- Grounds for exercise of personal jurisdiction over nonresidents generally, § 9-10-91.

Service of process generally, § 9-11-4.

JUDICIAL DECISIONS

Personal service on parent in foreign state.

- After the first parent took the parties' child from Georgia to South Carolina, the second parent filed a custody action in Georgia. Personal service of the complaint on the first parent in South Carolina was sufficient to confer jurisdiction under South Carolina R. Civ. P. 4(d)(1), and hence, was sufficient under O.C.G.A. § 19-9-47 as well. Croft v. Croft, 298 Ga. App. 303, 680 S.E.2d 150 (2009).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus, §§ 119, 123, 135.

C.J.S.

- 27C C.J.S., Divorce, § 1044 et seq. 39A C.J.S., Habeas Corpus, §§ 273, 344 et seq., 376. 67A C.J.S., Parent and Child, § 95 et seq.

U.L.A.

- Uniform Child Custody Jurisdiction Act (U.L.A.) § 5.

ALR.

- Right of parent to notice and hearing before being deprived of custody of child, 76 A.L.R. 242.

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