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§ 19-9-51.Hearings and studies in another state; costs

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. § 19-9-51 lets Georgia courts and courts in other states ask each other to hold hearings, gather evidence, order custody evaluations and require appearances, and requires Georgia courts to keep custody records until the child turns 18.

Full Text of § 19-9-51

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

(a) A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this Code section.
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this Code section may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
End

Plain-English Summary

This section builds a two-way street between courts. A Georgia court may ask the appropriate court of another state to do five things: hold an evidentiary hearing; order a person to produce or give evidence under that state’s procedures; order an evaluation about the custody of a child in a pending case; forward a certified copy of the hearing transcript, the evidence and any evaluation; and order a party, or anyone with physical custody of the child, to appear in the proceeding with or without the child. When a court in another state asks, a Georgia court may hold the same kind of hearing or enter the same kind of order.

Someone has to pay for travel and other necessary and reasonable expenses. The court may assess those costs against the parties according to Georgia law. That is discretionary, not automatic.

The last subsection is a record-keeping rule. A Georgia court shall preserve the pleadings, orders, decrees, hearing records, evaluations and other pertinent records of a child custody proceeding until the child attains 18 years of age. When a court or law enforcement official of another state makes an appropriate request, the Georgia court shall forward a certified copy of those records. Together with § 19-9-50 on remote testimony and § 19-9-49 on judge-to-judge communication, this section lets a case move forward even when the evidence sits in two states.

Frequently Asked Questions

Can a Georgia court ask a court in another state to do a custody evaluation?

Yes. Under § 19-9-51(a)(3), a Georgia court may request the appropriate court of another state to order an evaluation about the custody of a child involved in a pending proceeding. It may also ask that court to forward a certified copy of the evaluation and any hearing transcript and evidence.

Who pays for hearings and travel when courts in two states cooperate?

The parties may have to. Section 19-9-51(c) says travel and other necessary and reasonable expenses incurred when courts make or answer these requests may be assessed against the parties according to Georgia law. The word is “may,” so the judge decides whether and how to split those costs.

Can a court in another state order me to appear in a Georgia custody case?

A Georgia court may ask it to. Under § 19-9-51(a)(5), a Georgia court may request the appropriate court of another state to order a party, or anyone with physical custody of the child, to appear in the proceeding with or without the child. Whether that court issues the order is up to it.

How long does a Georgia court keep custody case records?

Until the child turns 18. Section 19-9-51(d) says a Georgia court shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records of a child custody proceeding until the child attains 18 years of age. Keeping the file that long lets a court or law enforcement official in another state get certified copies later.

Can police in another state get copies of a Georgia custody file?

Yes, on an appropriate request. Under § 19-9-51(d), when a court or law enforcement official of another state makes an appropriate request, the Georgia court shall forward a certified copy of the preserved custody records. The duty to forward is mandatory once a proper request arrives.

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
Also known as: custody evaluation another stateinterstate custody hearing requestgeorgia custody records retentionuccjea court cooperation