§ 19-9-46.Priority of question of jurisdiction
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 § 19-9-46
Plain-English Summary
In many interstate custody cases, the first fight isn’t about who gets the child. It’s about which state’s court gets to decide. This short section makes sure that fight gets settled fast. If anyone raises a question in a child custody proceeding about whether a Georgia court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, or whether it should use the jurisdiction it has, the court must put that question ahead of other matters on its calendar and handle it expeditiously. The priority turns on a party’s request; it isn’t automatic.
Two kinds of questions qualify. The “existence” of jurisdiction asks whether Georgia has power at all — usually whether it is the child’s home state under § 19-9-61 or still holds exclusive, continuing jurisdiction under § 19-9-62. The “exercise” of jurisdiction asks whether a court that has power should use it or step aside: because another state is a more appropriate forum (§ 19-9-67), because a case was already pending elsewhere (§ 19-9-66), or because the person who filed got here through unjustifiable conduct (§ 19-9-68).
The rule reaches any “child custody proceeding,” which § 19-9-41 defines broadly to include divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and family-violence protection cases in which custody or visitation is an issue. The section sets no fixed number of days. It requires priority and speed, which matters because a child’s life can stall while two states sort out who is in charge. The section dates from Georgia’s 2001 adoption of the Act.
Frequently Asked Questions
How do I get a Georgia court to decide the jurisdiction question quickly in my custody case?
Ask for it. Under § 19-9-46, when a question about jurisdiction under the Act comes up in a child custody proceeding, the court must give that question priority on its calendar and handle it expeditiously — but only upon a party’s request. The section doesn’t prescribe a form for the request, so make it clearly — for example, in a written motion asking the court to hear the jurisdiction issue first. The section doesn’t set a specific number of days; it requires priority and speed.
What counts as a jurisdiction question under this rule?
Any question about whether a Georgia court has jurisdiction under the Act, or whether it should exercise it. That includes whether Georgia is the child’s home state under § 19-9-61, whether Georgia or another state holds exclusive, continuing jurisdiction under § 19-9-62, whether another state’s case was filed first under § 19-9-66, and whether Georgia is an inconvenient forum under § 19-9-67.
Does the priority rule apply in a Georgia divorce case with children?
Yes, when custody or visitation is at issue. The rule covers any child custody proceeding, and § 19-9-41 defines that term to include divorce, separation, paternity, guardianship, termination of parental rights and family-violence protection cases, among others, in which custody or visitation is an issue. The definition leaves out juvenile delinquency, contractual emancipation and enforcement proceedings under Part 3 of the Act.
Why does the jurisdiction question get decided before the rest of the custody case?
Because a court without jurisdiction can’t make a custody decision at all. Section 19-9-61(b) makes its tests the exclusive basis for a Georgia custody determination, so it makes sense to settle that question before anyone spends months on evidence about the child. This section puts the jurisdiction question ahead of other matters on the calendar once a party asks.
Is there a deadline for raising a jurisdiction objection in a Georgia custody case?
This section doesn’t set one. It governs how fast the court handles a jurisdiction question once someone raises it, not when a party must raise it. Section 19-9-67 does let a court decline as an inconvenient forum “at any time,” and that issue may be raised by a party’s motion, the court’s own motion or another court’s request. Other timing rules may come from Georgia’s general civil practice law, so check before you wait.
Amendment History
Laws 2001, p. 129, § 1.