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O.C.G.A. § 19-9-23

Actions to obtain change of legal or physical custody; use of certain complaints prohibited

Redline — December 1, 2018 → current.View current text →
Current — August 21, 2019
As of December 1, 2018
(1) Except as otherwise provided in this Code section, after a court has determined who is to be the legal custodian of a child, any complaint seeking to obtain a change of legal custody of the child shall be brought as a separate action in the county of residence of the legal custodian of the child.
(2) A complaint by the legal custodian seeking a change of legal custody or visitation rights shall be brought as a separate action in compliance with Article VI, Section II, Paragraph VI of the Constitution of this state.
(1) A complaint seeking a change of legal custody or physical custody shall be initiated in compliance with Article VI, Section II, Paragraph VI of the Constitution of this state.
(3) No complaint specified in subsection (a) or (b) of this Code section shall be made: As a counterclaim or in any other manner in response to a petition for a writ of habeas corpus seeking to enforce a child custody order; or
(2) No complaint specified in subsection (a) of this Code section shall be made in response to: A petition for a writ of habeas corpus seeking to enforce a child custody order; or
(4) In response to any other action or motion seeking to enforce a child custody order.
(3) Any other action or motion seeking to enforce a child custody order, including, but not limited to, a motion for contempt.
(5) The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited.
(4) The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited.
(5) A party may bring a counterclaim for modification of legal custody or physical custody in response to a complaint brought under subsection (a) of this Code section.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.