§ 19-9-63.Prerequisites for modifying custody determination from foreign court
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 2. Jurisdiction · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-63
Plain-English Summary
A family moves to Georgia carrying a custody order from another state, and someone wants it changed. This section says when a Georgia court may do that. The answer is: rarely on Georgia’s own say-so. Except for temporary emergency jurisdiction under § 19-9-64, a Georgia court may not modify another state’s custody determination unless two things are true.
First, Georgia must have jurisdiction to make an initial determination under paragraph (1) or (2) of § 19-9-61(a) — home-state jurisdiction or significant-connection jurisdiction. The two fallback paragraphs, (3) and (4), don’t count here. Second, one of these must also be true: the court of the other state determines that it no longer has exclusive, continuing jurisdiction under § 19-9-62, or that a Georgia court would be a more convenient forum under § 19-9-67; or a court of Georgia or of the other state determines that neither the child, nor the child’s parents, nor any person acting as a parent presently resides in the other state.
In practice, if a parent still lives in the state that issued the order, that state’s court has to let go before Georgia can step in, unless an emergency under § 19-9-64 applies. Registering the order in Georgia doesn’t change this: § 19-9-86 says Georgia shall recognize and enforce a registered out-of-state determination but may not modify it except in accordance with Part 2 of the Act, which includes this section. Meanwhile, § 19-9-84 lets a Georgia court that can’t modify still enter a temporary order enforcing visitation.
Frequently Asked Questions
Can a Georgia court change a custody order from another state?
Only in narrow circumstances. Under § 19-9-63, Georgia must have home-state or significant-connection jurisdiction under § 19-9-61(a)(1) or (2). And either the other state’s court must determine it no longer has exclusive, continuing jurisdiction or that Georgia is a more convenient forum, or a court of either state must determine that the child, the parents and any person acting as a parent no longer live in the other state.
We’ve lived in Georgia for over a year. Can Georgia now modify the old order?
Not on that fact alone. Living here long enough to make Georgia the home state meets only the first condition in § 19-9-63. If the other parent still lives in the state that issued the order, a court there must also determine that it no longer has exclusive, continuing jurisdiction or that Georgia would be a more convenient forum, unless an emergency under § 19-9-64 applies.
If the other parent has also left the original state, who decides that?
Either state’s court may. Under § 19-9-63(2), a court of Georgia or a court of the other state may determine that neither the child, nor the child’s parents, nor any person acting as a parent presently resides in the other state. With that finding, and Georgia home-state or significant-connection jurisdiction, a Georgia court may modify.
Does registering an out-of-state custody order in Georgia let me change it here?
No. Registration under § 19-9-85 makes the order enforceable in Georgia. Section 19-9-86 says a Georgia court shall recognize and enforce a registered determination but may not modify it except in accordance with Part 2 of the Act, which includes § 19-9-63. You still need to meet this section’s conditions to change it.
Can a Georgia court protect my child here even though another state’s order controls?
Yes, temporarily. Section 19-9-63 opens with an exception for § 19-9-64, which gives a Georgia court temporary emergency jurisdiction when the child is present here and has been abandoned or needs protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. That order is temporary, and the court must communicate with the other state’s court.
Amendment History
Laws 2001, p. 129, § 1.