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
In one sentenceO.C.G.A. § 19-9-41 defines the terms of Georgia’s UCCJEA — including “home state,” the six-month test that usually decides which state hears a custody case, along with “child custody proceeding,” “modification” and “person acting as a parent.”
(1)“Abandoned” means left without provision for reasonable and necessary care or supervision.
(2)“Child” means an individual who has not attained 18 years of age.
(3)“Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligations of an individual.
(4)“Child custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from family violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under Part 3 of this article.
(5)“Commencement” means the filing of the first pleading in a proceeding.
(6)“Court” means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(7)“Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
(8)“Initial determination” means the first child custody determination concerning a particular child.
(9)“Issuing court” means the court that makes a child custody determination for which enforcement is sought under this article.
(10)“Issuing state” means the state in which a child custody determination is made.
(11)“Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
(12)“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(13)“Person acting as a parent” means a person, other than a parent, who:
(A)Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
(B)Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(14)“Physical custody” means the physical care and supervision of a child.
(15)“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16)“Tribe” means an Indian tribe or band or Alaskan Native village which is recognized by federal law or formally acknowledged by a state.
(17)“Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
End
Plain-English Summary
These 17 definitions drive every question under the UCCJEA. The most important is “home state”: the state where a child lived with a parent, or a person acting as a parent, for at least six consecutive months immediately before the custody case began. For a child less than six months old, the home state is where the child has lived since birth with any of those persons. Temporary absences count as part of the period. A case begins — “commencement” — when the first pleading is filed.
A “child” is anyone under 18. A “child custody determination” is any court order on legal custody, physical custody or visitation, whether permanent, temporary, initial or a modification, but not an order for child support or other money. A “child custody proceeding” is broad: divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and family violence protection cases all count when custody or visitation is at issue. It excludes juvenile delinquency, contractual emancipation and enforcement under Part 3.
A “person acting as a parent” is a non-parent who has physical custody of the child, or had it for six consecutive months within the year before the case, and who has been awarded legal custody or claims a right to it under Georgia law. “Modification” covers any later custody determination about the same child, even by a different court. “State” includes the District of Columbia, Puerto Rico, the U.S. Virgin Islands and U.S. territories. Unlike § 19-9-22, this section defines physical custody as the physical care and supervision of a child.
Frequently Asked Questions
What is the home state for custody purposes in Georgia?
The home state is the state where the child lived with a parent, or a person acting as a parent, for at least six consecutive months immediately before the custody case was filed. For a child under six months old, it is the state where the child has lived since birth with any of those persons. Temporary absences count toward the period.
Does a vacation break the six-month home state period?
No. The definition says a period of temporary absence of any of the mentioned persons is part of the period. A short trip away from the state doesn’t restart the six-month count. Whether a particular absence is “temporary” depends on the facts.
What counts as a child custody proceeding under the UCCJEA?
Any proceeding where legal custody, physical custody or visitation is at issue, including divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from family violence. It does not include juvenile delinquency, contractual emancipation, or enforcement proceedings under Part 3 of the act.
Does the UCCJEA cover child support orders?
No. A child custody determination is a court order on legal custody, physical custody or visitation, and the definition expressly excludes orders relating to child support or other monetary obligations. So the UCCJEA’s home-state and continuing-jurisdiction rules don’t decide which state may set or change child support; interstate child support is handled under a separate law.
Can a grandparent be a person acting as a parent under the UCCJEA?
Yes, if the grandparent meets both parts of the definition. A person other than a parent qualifies if he or she has physical custody of the child, or had it for six consecutive months within one year before the case began, and has been awarded legal custody by a court or claims a right to legal custody under Georgia law.
Amendment History
Laws 2001, p. 129, § 1.
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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