§ 19-9-43.Proceeding pertaining to Indian child exempted from article
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 § 19-9-43
Plain-English Summary
This section fits the UCCJEA together with tribal sovereignty and federal law. First, a custody proceeding involving an Indian child, as the federal Indian Child Welfare Act defines that term (25 U.S.C. Section 1901 and following), is not subject to the UCCJEA to the extent the federal act governs it. Where the Indian Child Welfare Act speaks, it controls.
Second, a Georgia court must treat a tribe as if it were a state of the United States when applying Part 1 (general provisions) and Part 2 (jurisdiction) of the UCCJEA. That means a tribe can be a child’s home state and can hold exclusive, continuing jurisdiction, just as another state could.
Third, a custody determination made by a tribe under facts in substantial conformity with the UCCJEA’s jurisdictional standards must be recognized and enforced under Part 3, the act’s enforcement provisions. The UCCJEA defines “tribe” in § 19-9-41 as an Indian tribe, band or Alaskan Native village recognized by federal law or formally acknowledged by a state. This section has not been amended since 2001.
Frequently Asked Questions
Does the UCCJEA apply to Indian children in Georgia?
Only to the extent the Indian Child Welfare Act does not govern. A custody proceeding pertaining to an Indian child, as defined in that federal act, is not subject to the UCCJEA to the extent the Indian Child Welfare Act governs it. Where the federal law applies, it takes priority.
Does Georgia treat a tribe like a state in custody cases?
Yes, for jurisdiction. A Georgia court must treat a tribe as if it were a state of the United States when applying Part 1 and Part 2 of the UCCJEA. A tribe can therefore be a child’s home state and can hold jurisdiction in the same way another state would.
Will a Georgia court enforce a tribal custody order?
Yes, if the tribe acted under factual circumstances in substantial conformity with the UCCJEA’s jurisdictional standards. Such a tribal custody determination must be recognized and enforced under Part 3 of the act, the enforcement provisions. The word “must” makes recognition mandatory once that condition is met.
What counts as a tribe under Georgia’s UCCJEA?
Section 19-9-41 defines a tribe as an Indian tribe or band, or an Alaskan Native village, that is recognized by federal law or formally acknowledged by a state. That definition governs this section’s rules on tribal jurisdiction and tribal custody orders.
What federal law governs custody of Indian children?
The Indian Child Welfare Act, 25 U.S.C. Section 1901 and following. This section names it and steps the UCCJEA aside to the extent that act governs a custody proceeding involving an Indian child. Whether the federal act applies to a particular child depends on its own definition of an Indian child.
Amendment History
Laws 2001, p. 129, § 1.