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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

19-9-91. Verified application for warrant seeking physical custody; requirement for serious physical harm; warrant requirements; enforceability; conditions.

Active

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

  1. (a)

    Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.#

  2. (b)

    If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection (b) of Code Section 19-9-88.#

  3. (c)

    A warrant to take physical custody of a child must:#

    1. (1)

      Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;#

    2. (2)

      Direct law enforcement officers to take physical custody of the child immediately; and#

    3. (3)

      Provide for the placement of the child pending final relief.#

  4. (d)

    The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.#

  5. (e)

    A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.#

  6. (f)

    The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.#

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, § 19-9-91, enacted by Ga. L. 2001, p. 129, § 1.

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 1068 to 1069; merge action: carried; file SHA-256 eddc877da9f2.