§ 19-9-40.Short title
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 1. General Provisions · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-40
Plain-English Summary
This section gives Article 3 of Chapter 9 its name: the “Uniform Child Custody Jurisdiction and Enforcement Act,” usually shortened to the UCCJEA. Georgia adopted it in 2001. As a general matter, the UCCJEA is a uniform law that most other states have also enacted in their own versions, so courts in different states usually work from a shared set of rules on which state may decide custody.
The article has four parts. Part 1 (§ 19-9-40 through § 19-9-51) holds general provisions, including definitions in § 19-9-41. Part 2 (beginning at § 19-9-61) sets jurisdiction: § 19-9-61 gives initial custody jurisdiction to the child’s home state, and § 19-9-62 gives a Georgia court that made a custody order exclusive, continuing jurisdiction over it. Part 3 (beginning at § 19-9-81) governs enforcement, and Part 4 (beginning at § 19-9-101) addresses construction.
The UCCJEA matters whenever a custody case touches more than one state — for example, when a parent moves away with the child. Within Georgia, § 19-9-3(c) says that if the general custody statute conflicts with Article 3, Article 3 applies. This section has not been amended since 2001.
Frequently Asked Questions
What is the UCCJEA in Georgia?
It is the Uniform Child Custody Jurisdiction and Enforcement Act, the name of Article 3 of Chapter 9, adopted in 2001. It decides which state’s courts can make or modify a custody order, chiefly through the home-state rule in § 19-9-61 and continuing jurisdiction in § 19-9-62, and it governs enforcement of custody orders from elsewhere.
Does the UCCJEA override Georgia’s general custody statute?
Where they conflict, yes. Section 19-9-3(c) says that in the event of any conflict between § 19-9-3 and any provision of Article 3, Article 3 applies. So when the question is which state’s courts may decide custody, or whether Georgia may modify another state’s order, the UCCJEA’s rules control over anything in the general statute.
Where do I find Georgia’s home state rule for custody?
In § 19-9-61, in Part 2 of the UCCJEA. It gives a Georgia court jurisdiction to make an initial custody determination if Georgia is the child’s home state when the case starts, or was within six months before and a parent or person acting as a parent still lives here. “Home state” is defined in § 19-9-41.
Does the UCCJEA apply if my child and I moved to Georgia from another state?
When did Georgia adopt the UCCJEA?
In 2001. This section, which gives Article 3 its title, comes from the 2001 law and has not been amended. As a general matter, most other states have enacted their own versions of the same uniform act, which is why a Georgia court and a court in another state usually apply matching rules when they sort out which of them may decide a custody case.
Amendment History
Laws 2001, p. 129, § 1.