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§ 19-9-48.Personal jurisdiction not obtained in other matters; service of process

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. § 19-9-48 lets a person come to Georgia to take part in a custody, modification, registration or enforcement case without that participation alone exposing them to Georgia jurisdiction in other matters, while setting three limits on the protection.

Full Text of § 19-9-48

Text sizeJump to: (a) (b) (c)

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) of this Code section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this article committed by an individual while present in this state.
End

Plain-English Summary

A parent who lives out of state may worry that showing up in a Georgia courtroom will open the door to other Georgia lawsuits. This section answers that worry. A party to a child custody proceeding, including a modification proceeding, and a petitioner or respondent in a proceeding to enforce or register a custody determination, isn’t subject to personal jurisdiction in Georgia for another proceeding or purpose solely because they took part in the case or came here to take part in it.

The protection has limits. First, someone who is subject to personal jurisdiction in Georgia on some basis other than physical presence gets no immunity from service of process here. Second, a party present in Georgia who is subject to the jurisdiction of another state isn’t immune from service of process that the other state’s laws allow — papers in a case there can be served on them here. Third, the immunity doesn’t cover civil lawsuits over acts unrelated to the custody case that the person commits while in Georgia.

The point is to encourage people to appear and be heard. Custody decisions turn on evidence, and a court decides better when both parents take part. Sections 19-9-50 and 19-9-70 work alongside this one: § 19-9-50 lets out-of-state witnesses testify remotely, and § 19-9-70 lets the court order a party to appear and shift travel costs. The section dates from Georgia’s 2001 adoption of the Uniform Child Custody Jurisdiction and Enforcement Act.

Frequently Asked Questions

If I travel to Georgia for a custody hearing, can I be sued there for something else?

Not just because of the trip. Under § 19-9-48(a), taking part in a Georgia custody case, or being physically present to take part, does not by itself subject you to personal jurisdiction in Georgia for another proceeding or purpose. But the protection disappears if Georgia has jurisdiction over you on some other basis besides your physical presence.

Can I be served with papers from my home state while I’m in Georgia for court?

Yes, if your home state’s laws allow it. Section 19-9-48(b) says a party present in Georgia who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. The immunity in this section protects you from Georgia jurisdiction based on your participation; it doesn’t shield you from another state’s process.

Does the protection apply if I come to Georgia to enforce or register a custody order?

Yes. The section covers a petitioner or respondent in a proceeding to enforce or register a child custody determination, as well as any party to a custody proceeding, including a modification proceeding. In each case, your participation or presence for the purpose of participating can’t be the sole basis for Georgia jurisdiction over you in another matter.

What if I get into a car accident while I’m in Georgia for a custody case?

The immunity won’t cover it. Under § 19-9-48(c), the protection does not extend to civil litigation based on acts unrelated to your participation in the custody proceeding that you commit while present in Georgia. A lawsuit over an accident or other conduct during your visit can go forward on its own terms.

Does the immunity apply in a custody modification case?

Yes. The section names modification proceedings expressly. A party who comes to Georgia to take part in a case seeking to change an existing custody order gets the same protection as a party in an original custody case: participation alone isn’t a basis for Georgia jurisdiction in another proceeding.

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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