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§ 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

In one sentenceO.C.G.A. § 19-9-21 states the eight purposes of Georgia’s Child Custody Intrastate Jurisdiction Act — chiefly ending county-to-county custody fights, keeping cases in the court closest to the child, and deterring parents from grabbing children to win custody — and says the act must be read to serve them.

Full Text of § 19-9-21

Text sizeJump to: (a) (b)

(a) The general purposes of this article are to:
(1) Avoid jurisdictional competition and conflict by courts within this state in matters of child custody, which have in the past resulted in the shifting of children from county to county with harmful effects on their well-being;
(2) Promote cooperation by the courts of this state, to the end that a custody decree is rendered by the court which can best decide the case in the interest of the child;
(3) Assure that litigation concerning the custody of a child ordinarily takes place in the court with which the child and his family have the closest connection and where significant evidence concerning the care, protection, training, and personal relationships of the child is most readily available and that courts of this state decline the exercise of jurisdiction when the child and his family have a closer connection with another court of this state;
(4) Discourage continuing controversies over child custody, in the interest of greatest stability of home environment and of secure family relationships for the child;
(5) Deter abductions and other unilateral removals of children undertaken to obtain custody awards;
(6) Avoid relitigation of custody decisions of other courts in this state insofar as is feasible;
(7) Facilitate the enforcement of custody decrees;
(8) Make uniform the practice and procedure of the courts of this state in child custody matters.
(b) This article shall be construed to promote the general purposes stated in subsection (a) of this Code section.
End

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.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source
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