§ 19-9-23.Actions to obtain change of legal or physical custody; use of certain complaints prohibited
Chapter 9. Child Custody Proceedings · Article 2. Child Custody Intrastate Jurisdiction Act · Last amended 2019 · Last verified October 9, 2026
Full Text of § 19-9-23
Plain-English Summary
This section controls how a parent asks to change an existing custody arrangement. A complaint seeking a change of legal custody or physical custody must be initiated in compliance with Article VI, Section II, Paragraph VI of the Georgia Constitution — the Constitution’s catch-all venue clause, which generally sends civil cases to the county where the defendant resides. In practice, a parent seeking a change usually files in the county where the other parent lives, not where the custody order was first entered.
The section also blocks two shortcuts. A change-of-custody complaint cannot be made in response to a habeas corpus petition seeking to enforce a custody order, or in response to any other action or motion to enforce a custody order, including a motion for contempt. So a parent accused of violating the order can’t answer by asking for custody in the same case. And no one may use a complaint in the nature of habeas corpus to seek a change of custody.
There is one opening. When one parent files a proper complaint to change custody, the other parent may respond with a counterclaim for modification of legal or physical custody. Under § 19-9-22, physical custody includes the parenting time schedule, so these rules reach schedule changes too. The section was last amended in 2019.
Frequently Asked Questions
Where do I file to change custody in Georgia?
Where Article VI, Section II, Paragraph VI of the Georgia Constitution requires — the Constitution’s catch-all venue clause, which generally sends civil cases to the county where the defendant resides. That usually means the county where the other parent lives, which may not be the county that entered the original custody order. The clerk or a lawyer can confirm the right county in your situation.
Can I ask for a custody change in response to a contempt motion in Georgia?
No. A complaint seeking a change of legal or physical custody cannot be made in response to a petition for habeas corpus to enforce a custody order, or to any other action or motion to enforce a custody order, including a motion for contempt. You would need to bring a separate change-of-custody complaint that complies with subsection (a).
Can I use habeas corpus to change custody in Georgia?
No. The section prohibits using a complaint in the nature of habeas corpus to seek a change of child custody. Habeas corpus may be used to enforce a custody order, but changing custody requires a complaint filed in compliance with the constitutional venue provision cited in subsection (a).
Can I counterclaim for custody if my ex files to modify custody in Georgia?
Yes. A party may bring a counterclaim for modification of legal custody or physical custody in response to a complaint brought under subsection (a). That means when the other parent properly files to change custody, you can ask the same court for a change in your favor rather than filing a separate case.
Does changing the parenting time schedule follow these Georgia rules?
Amendment History
Laws 1978, p. 1957, § 4; Laws 1983, p. 3, § 52; Laws 2019, Act 281, § 2, eff. July 1, 2019.