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§ 19-9-66.Procedure when proceedings pending in another state

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

In one sentenceO.C.G.A. § 19-9-66 sorts out custody cases filed in Georgia and another state at the same time: a Georgia court generally can’t proceed if a proper case was already filed elsewhere, and must stay, communicate with the other court and usually dismiss.

Full Text of § 19-9-66

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

(a) Except as otherwise provided in Code Section 19-9-64, a court of this state may not exercise its jurisdiction under this part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this article; unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under Code Section 19-9-67.
(b) Except as otherwise provided in Code Section 19-9-64, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to Code Section 19-9-69. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this article, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this article does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement; or
(3) Proceed with the modification under conditions it considers appropriate.
End

Plain-English Summary

Two parents in two states sometimes file custody cases in a race. This section decides who wins. Except in an emergency under § 19-9-64, a Georgia court may not exercise its jurisdiction if, when the Georgia case was commenced, a custody case had already been commenced in a court of another state having jurisdiction substantially in conformity with the Act. A case is commenced when the first pleading is filed (§ 19-9-41). The Georgia court may go ahead only if the other case has been terminated, or stayed by the other court because Georgia is a more convenient forum under § 19-9-67.

Subsection (b) tells the Georgia judge what to do. Before hearing a custody case, the court shall examine the court documents and other information the parties supply under § 19-9-69 — the sworn statement of the child’s addresses and other proceedings. If the court finds a custody case has been commenced in another state having jurisdiction substantially in accordance with the Act, it shall stay its own case and communicate with the other court. If that court doesn’t determine that Georgia is the more appropriate forum, the Georgia court shall dismiss.

Subsection (c) handles a different collision: a modification case in Georgia while someone is enforcing the order in another state. The Georgia court shall find out whether an enforcement case has been commenced elsewhere. If so, it may stay the modification until the other court enforces, stays, denies or dismisses the enforcement case; enjoin the parties from continuing the enforcement case; or proceed with the modification under conditions it considers appropriate. The choice is the judge’s. Judge-to-judge communication follows § 19-9-49.

Frequently Asked Questions

My ex filed for custody in another state first. Can I still file in Georgia?

You can file, but the Georgia court generally can’t proceed. Under § 19-9-66(a), a Georgia court may not exercise its jurisdiction if a custody case was already commenced in another state having jurisdiction substantially in conformity with the Act, unless that case was terminated or stayed because Georgia is a more convenient forum. An emergency under § 19-9-64 is the exception.

What does the Georgia judge do after learning about a custody case in another state?

Stay and talk. Under § 19-9-66(b), if the court finds a custody case was commenced in another state having jurisdiction substantially in accordance with the Act, it shall stay its own case and communicate with the other court. If that court doesn’t determine Georgia is the more appropriate forum, the Georgia court shall dismiss.

Does it matter who filed for custody first?

Yes, but only if the first state had jurisdiction. The bar in § 19-9-66(a) applies when a case was already commenced in another state “having jurisdiction substantially in conformity with” the Act at the time the Georgia case was commenced. Commencement means filing the first pleading (§ 19-9-41). A filing in a state that lacks jurisdiction under the Act’s standards doesn’t block Georgia.

What if I ask Georgia to modify custody while my ex enforces the order in another state?

The Georgia court must check for that and then choose. Under § 19-9-66(c), it may stay the modification until the other court rules on enforcement, enjoin the parties from continuing the enforcement case, or proceed with the modification under conditions it considers appropriate. Which path it takes is up to the judge.

How does the Georgia court find out about a case in another state?

Mostly from the parties. Section 19-9-66(b) requires the court, before hearing a custody case, to examine the court documents and other information the parties supply under § 19-9-69. That section requires each party to state under oath whether they know of other custody proceedings and to keep the court informed of new ones.

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 case filed in two statessimultaneous custody proceedings georgiafirst to file custody georgiauccjea pending case other state