§ 19-9-4.Investigation of abuse, neglect, or other acts which adversely affect health of child in custody disputes; cost
Chapter 9. Child Custody Proceedings · Article 1. General Provisions · Last amended 2008 · Last verified October 9, 2026
Full Text of § 19-9-4
Plain-English Summary
When a custody fight involves claims of real harm to a child, the judge can send an independent investigator into both homes. Either parent may ask by motion, but the motion has to contain a specific recitation of actual abuse, neglect or other overt acts that have adversely affected the child’s health and welfare. Vague accusations aren’t enough. If the motion meets that bar, the judge may direct the appropriate family and children services agency, or another appropriate entity, to investigate the home life and home environment of each parent.
The judge can also order an investigation without a motion, if such a specific recitation comes up during the proceedings and the judge believes the investigation would help decide placement or custody. The judge may make either party pay the agency the reasonable cost of the investigation, in whole or in part.
The report goes to the judge, but it is not secret from the parents. It must be made available to either or both parties for a reasonable period before the hearing at which temporary or permanent custody is decided, and both parties have the right to confront and cross-examine the person who investigated or wrote the report, if adequate and legal notice is given. The section applies only when custody is contested, and it is not intended to alter or repeal Code Sections 49-5-40 through 49-5-44, a separate set of provisions in Title 49.
Frequently Asked Questions
Can a Georgia judge order DFCS to investigate in a custody case?
Yes, in a contested custody case. On a parent’s motion that specifically describes actual abuse, neglect or other overt acts that have harmed the child’s health and welfare, the judge may direct the appropriate family and children services agency, or another appropriate entity, to investigate both parents’ home life and home environment. The judge may also order the investigation on his or her own motion when such specific facts come out during the case.
What do I need to show to get a home investigation in a Georgia custody case?
Your motion must contain a specific recitation of actual abuse, neglect or other overt acts that have adversely affected the child’s health and welfare. General worries or conclusions aren’t enough under the section’s wording. Even then, the judge “may” order the investigation — it is discretionary, not automatic.
Who pays for a custody home investigation in Georgia?
The judge decides. The section lets the judge direct either party to pay the agency the reasonable cost of the investigation, or any portion of it. So the cost might fall on the parent who asked, on the other parent, or be split, depending on the judge’s order.
Can I see the investigation report in my Georgia custody case?
Yes. The report goes to the judge, but it must be made available to either or both parties for a reasonable period of time before the proceedings at which temporary or permanent custody will be decided. That gives each parent a chance to review it and prepare a response before the hearing.
Can I cross-examine the person who investigated my home?
Yes, if adequate and legal notice is given. Both parties have the right to confront and cross-examine the person or persons who conducted the investigation or compiled the report. That lets a parent test the investigator’s observations and conclusions in court rather than leaving the report unchallenged.
Amendment History
Laws 1980, p. 1149, §§ 1, 2; Laws 1982, p. 3, § 19; Laws 1982, p. 1189, §§ 1, 2; Laws 2007, Act 264, § 5, eff. Jan. 1, 2008.