§ 19-9-104.Conflicts with Child Custody Intrastate Jurisdiction Act
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 4. Construction · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-104
Plain-English Summary
Georgia has two sets of custody jurisdiction rules in Chapter 9. Article 2, the “Georgia Child Custody Intrastate Jurisdiction Act of 1978,” deals with custody disputes among courts inside Georgia. Its stated purposes in § 19-9-21 include avoiding conflict between Georgia courts and ending the shifting of children from county to county. It also sets rules such as § 19-9-23, which governs how a complaint to change custody is started, and § 19-9-24, which bars a custodian who is withholding custody or visitation in violation of the custody order from bringing certain actions.
Article 3, the UCCJEA, deals mostly with disputes between Georgia and other states. Most cases fall cleanly under one or the other, but they can overlap. When they do, this section breaks the tie: in the event of any conflict between the two articles, the UCCJEA applies.
The section doesn’t repeal Article 2 or make it irrelevant. Where the two articles don’t conflict, both continue to operate. Article 2 still governs the matters it covers inside Georgia, while the UCCJEA controls whenever the two point different ways.
Frequently Asked Questions
Which law wins if Georgia’s two custody jurisdiction acts conflict?
The UCCJEA. This section says that in the event of any conflict between the UCCJEA in Article 3 and Article 2 of Chapter 9, the Georgia Child Custody Intrastate Jurisdiction Act of 1978, the UCCJEA applies. The section doesn’t ask which law is newer or more specific; it picks the UCCJEA every time.
What is the Georgia Child Custody Intrastate Jurisdiction Act?
It is Article 2 of Chapter 9, enacted in 1978. Its purposes, listed in § 19-9-21, include avoiding jurisdictional competition among Georgia courts in custody matters and stopping the shifting of children from county to county. It also includes rules on starting a complaint to change custody (§ 19-9-23) and on custodians who withhold custody or visitation (§ 19-9-24).
Does the UCCJEA replace Georgia’s intrastate custody law?
No. Article 2 stays in force. This section only decides which law controls when the two articles conflict. In that event the UCCJEA applies; otherwise both operate side by side, each in its own field. Article 2 still speaks to custody matters among Georgia courts, including the rules in §§ 19-9-23 and 19-9-24.
Does the UCCJEA apply to custody disputes between two Georgia counties?
Those disputes are mainly the subject of Article 2, the intrastate act, whose purposes in § 19-9-21 include ending competition among Georgia courts and the shifting of children from county to county. The UCCJEA deals mostly with disputes involving other states. If a case raises an issue where the two articles conflict, though, this section makes the UCCJEA control.
Why does Georgia have two custody jurisdiction laws?
They address different problems. Article 2, from 1978, deals with conflicts among courts inside Georgia. The UCCJEA, adopted in 2001, deals mainly with conflicts between states. This section keeps them from pulling in opposite directions by giving the UCCJEA priority where they conflict.
Amendment History
Laws 2001, p. 129, § 1.