§ 19-9-45.Binding authority of child custody determination
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 § 19-9-45
Plain-English Summary
This section answers a simple question: who is bound by a Georgia custody order? A child custody determination made by a Georgia court that had jurisdiction under the UCCJEA binds every person who was served under Georgia law, or notified under § 19-9-47 (the act’s rule for notice to people outside the state), or who submitted to the court’s jurisdiction — provided that person was also given an opportunity to be heard.
For those people, the order is conclusive on all decided issues of law and fact, except to the extent the order is later modified. A party can’t relitigate the same custody questions in another court or another state by starting over; the way to change the order is a proper modification.
Two conditions are built in. The Georgia court must have had jurisdiction under the article, chiefly under the home-state and continuing-jurisdiction rules in § 19-9-61 and § 19-9-62. And the person must have had both proper notice (or have submitted) and a chance to be heard. Under § 19-9-47, notice to someone outside Georgia may be given under Georgia law or the law where service is made, and may be by publication if other means are not effective. This section has not been amended since 2001.
Frequently Asked Questions
Who is bound by a Georgia custody order under the UCCJEA?
Everyone who was served in accordance with Georgia law, or notified under § 19-9-47, or who submitted to the court’s jurisdiction — as long as that person was given an opportunity to be heard. The order must also come from a Georgia court that had jurisdiction under the UCCJEA.
Can I relitigate custody in another state after a Georgia order?
Not on the issues already decided. For people bound by it, a Georgia custody determination is conclusive as to all decided issues of law and fact, except to the extent it is modified. Changing it requires a proper modification, and jurisdiction to modify is governed by Part 2 of the act.
Is a Georgia custody order binding if I was never notified of the case?
Not under this section. The order binds persons who were served under Georgia law, notified under § 19-9-47, or who submitted to the court’s jurisdiction, and who were given an opportunity to be heard. A person who received none of these is not among those the section lists.
How is a parent outside Georgia notified of a custody case?
Under § 19-9-47, notice may be given in a manner prescribed by Georgia law for service of process or by the law of the state where service is made. It must be reasonably calculated to give actual notice, and may be by publication if other means are not effective. Notice is not required for a person who submits to the court’s jurisdiction.
Can a Georgia custody order ever be changed after it becomes conclusive?
Yes, through modification. The section makes the order conclusive on decided issues “except to the extent the determination is modified.” Within Georgia, § 19-9-3 governs when custody or visitation can be modified, and the UCCJEA’s Part 2 governs which state’s court has jurisdiction to modify.
Amendment History
Laws 2001, p. 129, § 1.