§ 19-9-65.Notice required; intervention
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 § 19-9-65
Plain-English Summary
Before a Georgia court makes a child custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act, three groups of people must get notice and an opportunity to be heard. The first group is everyone Georgia law would entitle to notice in a custody case between Georgia residents. The second is any parent whose parental rights have not been previously terminated. The third is any person who has physical custody of the child. Notice must meet the standards of § 19-9-47, which allows service under Georgia law or the law of the state where service is made, in a way reasonably calculated to give actual notice.
Subsection (b) is a limit on the Act’s reach. The Act does not govern whether a custody determination made without notice or an opportunity to be heard can be enforced. Other provisions show why notice matters: § 19-9-45 makes a Georgia custody order binding on people who were properly served or notified, or who submitted to the court, and who had a chance to be heard. And § 19-9-85 lets a person entitled to notice who didn’t get it contest the registration of an out-of-state order.
Subsection (c) keeps the Act out of party-joinder questions. Whether someone must be joined as a party, and whether someone may intervene, are governed by Georgia law the same way they would be in a custody case between Georgia residents. The Act neither adds nor removes those rights.
Frequently Asked Questions
Who has to be notified before a Georgia court decides custody in an interstate case?
Three groups. Under § 19-9-65(a), notice and an opportunity to be heard must go to everyone entitled to notice under Georgia law in a custody case between Georgia residents, to any parent whose parental rights have not been previously terminated, and to any person having physical custody of the child. Notice must meet the standards in § 19-9-47.
Does a parent whose parental rights were terminated get notice of a custody case?
Not as a parent. The notice requirement in § 19-9-65(a) covers any parent whose parental rights have not been previously terminated. A former parent could still be entitled to notice on another ground the section lists — for example, by having physical custody of the child, or under Georgia’s general notice rules.
Does a grandparent who is raising the child need to be notified?
Yes, if the grandparent has physical custody. Section 19-9-65(a) requires notice and an opportunity to be heard for any person having physical custody of the child, whatever their relationship to the child. The notice must meet the standards in § 19-9-47.
Is a custody order made without notice to the other parent enforceable?
The Act doesn’t answer that. Section 19-9-65(b) says the article does not govern the enforceability of a custody determination made without notice or an opportunity to be heard. So the Act’s own enforcement tools don’t settle the question, and other law decides it. Section 19-9-45 makes a Georgia order binding on people who were properly notified or submitted and had a chance to be heard.
Can a relative join or intervene in an interstate custody case in Georgia?
That depends on ordinary Georgia law. Under § 19-9-65(c), the duty to join a party and the right to intervene in a custody proceeding under the Act are governed by Georgia law as in custody cases between Georgia residents. The Act doesn’t create or take away those rights.
Amendment History
Laws 2001, p. 129, § 1.