§ 19-9-47.Notice and proof of service on persons outside the state
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 § 19-9-47
Plain-English Summary
A custody case often involves a parent who lives somewhere else. This section tells you how to notify that person. Notice may follow Georgia’s rules for service of process, or the rules of the state where the papers are served — the choice is yours. Either way, the method must be reasonably calculated to give actual notice. In other words, it has to be designed to reach the person, not just to satisfy a form. Notice may be given by publication, but only if other means are not effective.
Proof of service works the same way. You may prove service in the manner Georgia law prescribes or in the manner the law of the state where service was made prescribes. And a person who submits to the jurisdiction of the court doesn’t need to be given notice at all.
The standards in this section echo through the rest of the Act. Section 19-9-65 requires notice under these standards before any custody determination. Section 19-9-70 lets the court add a direction to appear to a notice given under this section. Section 19-9-45 makes a Georgia custody order binding on people notified under this section who had a chance to be heard. And under § 19-9-85, a person who was entitled to notice but didn’t get it under these standards may contest the registration of an out-of-state order. Getting notice right protects the order you win.
Frequently Asked Questions
How do I serve custody papers on a parent who lives in another state?
You may use Georgia’s rules for service of process or the rules of the state where the other parent will be served. Under § 19-9-47, whichever route you choose must be reasonably calculated to give actual notice — that is, designed to reach the person. Proof of service may likewise follow either Georgia law or the law of the state where you served the papers.
Can I serve the other parent by publication in a Georgia custody case?
Only as a fallback. Section 19-9-47 allows notice by publication if other means are not effective. The baseline is a method reasonably calculated to give the person actual notice, so publication comes into play only when the usual ways of reaching the person don’t work. Whether your efforts were enough is a question for the judge.
Do I need to serve the other parent if they agree to the custody case?
Not if they submit to the court’s jurisdiction. Under § 19-9-47(c), notice is not required for the exercise of jurisdiction over a person who submits to the jurisdiction of the court. Whether a parent’s particular conduct counts as submitting is a legal question the judge decides, so formal service is the safer path when there is any doubt.
What happens if the other parent never got proper notice of the custody case?
The order may be open to attack. Section 19-9-45 makes a Georgia custody order binding on people who were served under Georgia law, notified under § 19-9-47 or submitted to the court, and who had a chance to be heard. And when an out-of-state order is registered in Georgia, § 19-9-85 lets a person who was entitled to notice but didn’t get it under these standards contest the registration.
Does serving an out-of-state parent give Georgia power to decide custody?
No. Notice and jurisdiction are separate. Jurisdiction to decide custody comes from §§ 19-9-61 through 19-9-64, and § 19-9-61(c) says personal jurisdiction over a party is neither necessary nor sufficient. If Georgia has jurisdiction, proper notice under this section and § 19-9-65 lets the court decide custody even though the other parent lives elsewhere.
Amendment History
Laws 2001, p. 129, § 1.