---
title: O.C.G.A. § 19-9-61. Jurisdiction requirements for initial child custody determinations; physical presence alone insufficient.
collection: code
id: 19-9-61
cite_as: O.C.G.A. § 19-9-61 (2025)
canonical_url: https://georgiacommons.org/code/19-9-61
md_url: https://georgiacommons.org/code/19-9-61.md
text_url: https://georgiacommons.org/code/19-9-61/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=1039
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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index: https://georgiacommons.org/code/index.md
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 / UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT / JURISDICTION
---

# O.C.G.A. § 19-9-61. Jurisdiction requirements for initial child custody determinations; physical presence alone insufficient.

(a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction to make an initial child custody determination only if:

(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under Code Section 19-9-67 or 19-9-68 and:

(A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(B) Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;

(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under Code Section 19-9-67 or 19-9-68; or

(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3) of this subsection.

(b) Subsection (a) of this Code section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

## History

Code 1981, § 19-9-61, enacted by Ga. L. 2001, p. 129, § 1.

## Law Reviews

For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).

For annual survey of domestic relations law, see 58 Mercer L. Rev. 133 (2006).

For survey article on domestic relations law, see 60 Mercer L. Rev. 121 (2008).

For annual survey of domestic relations law, see 67 Mercer L. Rev. 47 (2015).

For annual survey on domestic relations, see 70 Mercer L. Rev. 81 (2018).