§ 19-9-21.Purpose; construction
Chapter 9. Child Custody Proceedings · Article 2. Child Custody Intrastate Jurisdiction Act · Last amended 1978 · Last verified October 9, 2026
Full Text of § 19-9-21
Plain-English Summary
This section names a problem Georgia had seen in the past — children shifted from county to county as courts competed over custody — and puts ending it first. It lists eight purposes for the Child Custody Intrastate Jurisdiction Act: to avoid jurisdictional competition among Georgia courts; to promote cooperation so the court best placed to decide does so; to keep custody litigation in the court with which the child and family have the closest connection and where the evidence is; to discourage continuing custody controversies for the sake of a stable home; to deter abductions and other unilateral removals of children aimed at winning custody; to avoid relitigating other Georgia courts’ custody decisions as far as feasible; to make custody decrees easier to enforce; and to make custody practice uniform statewide.
The purposes are more than preamble. Subsection (b) says the act shall be construed to promote them, so a court reading §§ 19-9-22 through 19-9-24 should choose the interpretation that serves these goals. They fit, for example, § 19-9-23’s ban on using a contempt or habeas corpus action as a springboard for a custody change, and § 19-9-24’s bar on actions by a party who is defying a custody order.
The interstate counterpart, the UCCJEA in Article 3 (beginning at § 19-9-40), pursues similar goals between states. This section has not been amended since 1978.
Frequently Asked Questions
Why does Georgia have a Child Custody Intrastate Jurisdiction Act?
To stop custody fights between Georgia courts. The act’s first stated purpose is to avoid jurisdictional competition and conflict among courts within the state, which had resulted in children being shifted from county to county with harmful effects on their well-being. Other purposes include keeping cases in the court closest to the child and deterring child abductions aimed at winning custody.
Which Georgia court should hear a custody case under the intrastate act?
The act aims to have custody litigation ordinarily take place in the court with which the child and family have the closest connection and where significant evidence about the child’s care, protection, training and relationships is most readily available. The specific filing rule for change-of-custody complaints is in § 19-9-23.
Does Georgia law discourage taking a child to another county to get custody?
Yes. One of the act’s eight stated purposes is to deter abductions and other unilateral removals of children undertaken to obtain custody awards. The act also aims to discourage continuing custody controversies and to avoid relitigating other Georgia courts’ custody decisions where feasible.
How are the purposes of the intrastate custody act used?
As a guide to interpretation. Subsection (b) says the article shall be construed to promote the general purposes listed in subsection (a). When a provision of the act is unclear, a court should read it in the way that best serves those goals, such as stability for the child and enforcement of existing decrees.
How many purposes does the Georgia intrastate custody act list?
Eight. They are: avoiding competition among Georgia courts; promoting cooperation; keeping cases in the court with the closest connection to the child; discouraging continuing controversies; deterring abductions; avoiding relitigation; making decrees easier to enforce; and making custody practice uniform across the state’s courts.
Amendment History
Laws 1978, p. 1957, § 2.