15-11-15. Transfers from superior court; custody and support.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the superior court or for investigation and determination.#
(b)
If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this chapter in compliance with the order of the superior court, except that the parties shall not be entitled to obtain an appointed attorney through the juvenile court.#
(c)
At any time prior to the determination of any question regarding custody, support, or custody and support, the juvenile court may transfer the jurisdiction of the question back to the referring superior court.#
(d)
In handling criminal cases involving an accused who is in jeopardy of having his or her parental rights terminated due to criminal charges, a superior court may transfer a criminal case to a family treatment court division of a juvenile court for treatment and a report back to the superior court so long as the prosecuting attorney and accused agree to such transfer; provided, however, that such juvenile court may transfer such case back to the referring superior court at any time.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-11-15, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2016, p. 443, § 1-5/SB 367.

Cross references

Child custody proceedings generally, § 19-9-1 et seq. Transfer of custody and support questions from Superior Courts, Uniform Rules for the Juvenile Courts of Georgia, Rule 5.2.

Law reviews

For article, ‘‘An Outline of Juvenile Court Jurisdiction with Focus on Child Custody,’’ see 10 Ga. St. B. J. 275 (1973). For article, ‘‘Child Custody — Jurisdiction and Procedure,’’ see 35 Emory L. J. 291 (1986). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t15-ch1-11a-(v13)-2020-pdf.pdf, Volume V13, 2020 edition, pages 686 to 687; merge action: annotated; file SHA-256 1f1f034443c3.

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