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Official Code of Georgia Annotated

Title 19. DOMESTIC RELATIONS · Chapter 9. CHILD CUSTODY PROCEEDINGS · Article 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT · Part 1. GENERAL PROVISIONS

19-9-43. Proceeding pertaining to Indian child exempted from article.

Active

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

  1. (a)

    A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. Section 1901 et seq., is not subject to this article to the extent that it is governed by the Indian Child Welfare Act.#

  2. (b)

    A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying this part and Part 2 of this article.#

  3. (c)

    A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under Part 3 of this article.#

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, § 19-9-43, enacted by Ga. L. 2001, p. 129, § 1.

Cross references

Legitimate American Indian tribes, § 44-12-300 et seq.

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 t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, page 1024; merge action: carried; file SHA-256 eddc877da9f2.

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O.C.G.A. § 19-9-43. Proceeding pertaining to Indian child exempted from article. | Georgia Commons