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.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (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)
The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:#
- (A)
The issuing court did not have jurisdiction under Part 2 of this article;#
- (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#
- (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)
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.#
- (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.#
- (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.#
- (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.#
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.