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§ 19-9-68.Wrongfully obtained jurisdiction; actions to prevent repetition of unjustifiable conduct; expenses

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. § 19-9-68 tells a Georgia court to refuse custody jurisdiction that exists because the person invoking it engaged in unjustifiable conduct, subject to three narrow exceptions, and to assess necessary and reasonable expenses against that person unless that would be clearly inappropriate.

Full Text of § 19-9-68

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

(a) Except as otherwise provided in Code Section 19-9-64 or by any other law of this state, if a court of this state has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(2) A court of the state otherwise having jurisdiction under Code Sections 19-9-61 through 19-9-63 determines that this state is a more appropriate forum under Code Section 19-9-67; or
(3) No court of any other state would have jurisdiction under the criteria specified in Code Sections 19-9-61 through 19-9-63.
(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this Code section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under Code Sections 19-9-61 through 19-9-63.
(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this Code section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this article.
End

Plain-English Summary

This section keeps a parent from profiting from misconduct. If a Georgia court has jurisdiction because the person asking it to act engaged in unjustifiable conduct, the court shall decline to exercise that jurisdiction. The statute doesn’t define unjustifiable conduct; the judge decides whether the facts amount to it. The rule yields to temporary emergency jurisdiction under § 19-9-64 and to any other Georgia law that provides otherwise.

The court may keep the case only in three situations: the parents and all persons acting as parents have acquiesced in Georgia’s exercise of jurisdiction; a court of the state that would otherwise have jurisdiction under §§ 19-9-61 through 19-9-63 determines that Georgia is the more appropriate forum under § 19-9-67; or no court of any other state would have jurisdiction under §§ 19-9-61 through 19-9-63.

Declining isn’t the end of the court’s role. It may fashion an appropriate remedy to keep the child safe and prevent a repeat of the conduct, including staying the case until a custody case is commenced in a court with jurisdiction. And when it dismisses a petition or stays a case for this reason, it shall assess necessary and reasonable expenses against the party who sought to invoke its jurisdiction — costs, communication expenses, attorney’s fees, investigative fees, witness expenses, travel expenses and child care during the proceedings. The only escape is for the party facing the assessment to establish that it would be clearly inappropriate. The court may not assess these amounts against the State of Georgia unless some law other than the Act authorizes it.

Frequently Asked Questions

What happens if my ex brought our child to Georgia without permission to file for custody here?

If the judge finds that Georgia has jurisdiction because the person invoking it engaged in unjustifiable conduct, § 19-9-68 says the court shall decline to exercise that jurisdiction unless one of three exceptions applies. The statute doesn’t define unjustifiable conduct, so whether a particular move qualifies is for the judge to decide on the facts.

When can a Georgia court keep a custody case despite unjustifiable conduct?

In three situations. The parents and all persons acting as parents acquiesced in Georgia’s jurisdiction; a court of the state otherwise having jurisdiction determines Georgia is the more appropriate forum under § 19-9-67; or no court of any other state would have jurisdiction under §§ 19-9-61 through 19-9-63. Temporary emergency jurisdiction under § 19-9-64 also remains available.

Who pays attorney’s fees when a Georgia court declines jurisdiction for unjustifiable conduct?

The party who invoked the court’s jurisdiction, usually. When the court dismisses or stays for this reason, § 19-9-68(c) says it shall assess necessary and reasonable expenses against that party, including costs, communication expenses, attorney’s fees, investigative fees, witness expenses, travel expenses and child care, unless that party establishes the assessment would be clearly inappropriate.

Can the court protect my child while it declines jurisdiction?

Yes. Under § 19-9-68(b), a court that declines jurisdiction for unjustifiable conduct may fashion an appropriate remedy to ensure the child’s safety and prevent a repetition of the conduct. One option the statute names is staying the case until a custody case is commenced in a court with jurisdiction under §§ 19-9-61 through 19-9-63.

Can expenses be assessed against the state in this kind of case?

Not under this section alone. Section 19-9-68(c) says the court may not assess fees, costs or expenses against the state unless a law other than the Act authorizes it. The mandatory assessment runs against the party who sought to invoke the court’s jurisdiction.

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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