---
title: O.C.G.A. § 19-9-4. Investigation of abuse, neglect, or other acts which adversely affect health of child in custody disputes; cost.
collection: code
id: 19-9-4
cite_as: O.C.G.A. § 19-9-4 (2025)
canonical_url: https://georgiacommons.org/code/19-9-4
md_url: https://georgiacommons.org/code/19-9-4.md
text_url: https://georgiacommons.org/code/19-9-4/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t18-t19-(v16)-2022-pdf.pdf?sfvrsn=b0848ebd_0#page=997
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: DOMESTIC RELATIONS / CHILD CUSTODY PROCEEDINGS / GENERAL PROVISIONS
---

# O.C.G.A. § 19-9-4. Investigation of abuse, neglect, or other acts which adversely affect health of child in custody disputes; cost.

(a) On motion of either party in any action or proceeding involving determination of the award of child custody between parents of the child, when such motion contains a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child, the judge may direct the appropriate family and children services agency or any other appropriate entity to investigate the home life and home environment of each of the parents. In any action or proceeding involving determination of the award of child custody between parents of the child when during such proceedings a specific recitation of actual abuse, neglect, or other overt acts which have adversely affected the health and welfare of the child has been made the judge shall also have authority on his or her own motion to order such an investigation if in the judge’s opinion the investigation would be useful in determining placement or custody of the child. The judge may also direct either party to pay to the agency the reasonable cost, or any portion thereof, of the investigation. The report of the investigation will be made to the judge directing the investigation. Any report made at the direction of the judge shall be made available to either or both parties for a reasonable period of time prior to the proceedings at which any temporary or permanent custody is to be determined. Both parties shall have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report if adequate and legal notice is given.

(b) This Code section shall apply only with respect to actions or proceedings in which the issue of child custody is contested; and this Code section is not intended to alter or repeal Code Sections 49-5-40 through 49-5-44.

## History

Ga. L. 1980, p. 1149, §§ 1, 2; Ga. L. 1982, p. 3, § 19; Ga. L. 1982, p. 1189, §§ 1, 2; Ga. L. 2007, p. 554, § 5/HB 369.

## Editor's Notes

Ga. L. 2007, p. 554, § 1/HB 369, not codified by the General Assembly, provides that: “The General Assembly of Georgia declares that it is the policy of this state to assure that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interests of their children and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or dissolved their marriage or relationship.”

Ga. L. 2007, p. 554, § 8/HB 369, not codified by the General Assembly, provides that the 2007 amendment shall apply to all child custody proceedings and modifications of child custody filed on or after January 1, 2008.