Prerequisites for Modifying Custody Determination From Foreign Court

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Child Custody Proceedings
  5. Uniform Child Custody Jurisdiction and Enforcement Act
  6. Jurisdiction
  7. Prerequisites for Modifying Custody Determination From Foreign Court

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Except as otherwise provided in Code Section 19-9-64, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under paragraph (1) or (2) of subsection (a) of Code Section 19-9-61 and:

  1. The court of the other state determines it no longer has exclusive, continuing jurisdiction under Code Section 19-9-62 or that a court of this state would be a more convenient forum under Code Section 19-9-67; or
  2. A court of this state or a court of the other state determines that neither the child nor the child's parents or any person acting as a parent presently resides in the other state.

(Code 1981, §19-9-63, enacted by Ga. L. 2001, p. 129, § 1.)

RESEARCH REFERENCES

ALR.

- Construction and application of Uniform Child Custody Jurisdiction and Enforcement Act's significant connection jurisdiction provision, 52 A.L.R.6th 433.


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