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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 3. JURISDICTION AND ENFORCEMENT OF FOREIGN DECREES

19-9-90. Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant.

Active

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

  1. (a)

    Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:#

    1. (1)

      The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:#

      1. (A)

        The issuing court did not have jurisdiction under Part 2 of this article;#

      2. (B)

        The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article; or#

      3. (C)

        The respondent was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47, in the proceedings before the court that issued the order for which enforcement is sought; or#

    2. (2)

      The child custody determination for which enforcement is sought was registered and confirmed under Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article.#

  2. (b)

    The court shall award the fees, costs, and expenses authorized under Code Section 19-9-92 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.#

  3. (c)

    If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.#

  4. (d)

    A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part.#

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, § 19-9-90, enacted by Ga. L. 2001, p. 129, § 1.

Cross references

Privilege against self-incrimination, § 24-5-506.

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, pages 1067 to 1068; merge action: carried; file SHA-256 eddc877da9f2.