SB480: SB480 "Georgia Custodial Interference Reform Act"; enact

Georgia currently makes it a crime to take, keep, or hide a child from someone with lawful custody, with penalties that escalate on repeat offenses. This bill, called the Georgia Custodial Interference Reform Act, rewrites that law (O.C.G.A. § 16-5-45). Instead of arresting a suspect on the spot, a law enforcement officer with probable cause would issue a citation ordering the person to appear in magistrate court within 72 hours (excluding weekends and holidays) with documents proving their actions were legally authorized. A preliminary hearing would follow within seven business days. The bill also spells out what counts as probable cause, letting officers rely on a facially valid custody order or parenting plan. It raises the criminal penalties for interference with custody and interstate interference with custody, and creates a new felony for knowingly presenting altered or false documents in these proceedings. The changes would take effect July 1, 2026, and apply only to offenses committed on or after that date.

• Requires officers who suspect custody interference to issue a citation for a magistrate court appearance within 72 hours instead of arresting on the spot, so the person can show proof their conduct was lawful.
• Sets a required preliminary hearing within seven business days of the citation to review the evidence presented.
• Defines when police have probable cause for custody interference, allowing reliance on a facially valid, court-certified custody order or parenting plan.
• Raises criminal penalties for interference with custody, moving from fines as low as $200 to fines up to $1,000 for a first offense and felony charges with one to five years in prison for a third offense.
• Creates a new felony, punishable by up to ten years in prison and a $10,000 fine, for knowingly presenting altered or false documents in these custody proceedings.
• Narrows the legal definition of 'child' under this law from someone under 18 to someone under 17, unless the individual is alleged to be a dependent child or in need of services.

Parents and guardians involved in custody disputes, law enforcement officers who respond to custody complaints, magistrate courts that would hold new preliminary hearings, and service providers like shelters or child welfare agencies that temporarily house children who have run away from custody.

Instead of facing arrest, a person accused of taking or keeping a child in violation of a custody order would get a chance to show a magistrate court proof they acted legally before further proceedings, while facing steeper fines, longer jail time, and a new felony charge for submitting fake documents.

• Section 2 rewrites O.C.G.A. § 16-5-45, requiring officers with probable cause to issue a citation for a magistrate court appearance within 72 hours, excluding weekends and holidays.
• The rewritten law lets officers base probable cause on a facially valid, court-stamped custody order or parenting plan combined with evidence a child was kept beyond agreed visitation.
• A preliminary hearing on the citation must occur within seven business days to review evidence of lawful conduct.
• Penalties for interference with custody rise on repeat offenses: fines up to $1,000 and up to 12 months for a first offense, up to $5,000 and 12 months for a second, and one to five years in prison as a felony for a third or later offense.
• Interstate interference with custody remains a felony punishable by one to five years in prison and a fine up to $5,000.
• A new provision makes it a felony, punishable by one to ten years in prison and up to a $10,000 fine, to knowingly present altered or false documents in these custody proceedings.
• Section 3 sets an effective date of July 1, 2026, applying only to offenses committed on or after that date.

1. 2026-02-10Senate Read and Referred (Senate)
2. 2026-02-09Senate Hopper (Senate)

• John Albers (R, SD-056)Primary sponsor
• Randy Robertson (R, SD-029)
• Jason T. Dickerson (R, SD-021)

• child custody law
• criminal penalties
• family law
• law enforcement procedure