§ 19-9-69.Information required as part of pleading or affidavit; continuing duty; sealing of information; children residing in family violence shelters

This section produces what many people call the UCCJEA affidavit. In a child custody proceeding, each party must give certain information under oath, in its first pleading or in an attached affidavit, if the information is reasonably ascertainable: the child’s present address or whereabouts, the places the child has lived during the last five years, and the names and present addresses of the people the child lived with during that period.

The pleading or affidavit must also state whether the party (1) has taken part in any other proceeding about custody of or visitation with the child, as a party, witness or otherwise, and if so the court, case number and date of any custody determination; (2) knows of any proceeding that could affect the current one — including enforcement, family violence, protective orders, termination of parental rights and adoption cases — and if so the court, case number and nature of the case; and (3) knows the names and addresses of any non-party who has physical custody of the child or claims custody or visitation rights. A “yes” to any of these triggers a duty to give more information under oath as the court requires, and the court may question the parties under oath. If the required information isn’t furnished, the court may stay the case until it is. Each party has a continuing duty to tell the court about any proceeding in Georgia or elsewhere that could affect the case.

Two protections guard against misuse. If a party alleges in an affidavit or sworn pleading that disclosing identifying information would jeopardize the health, safety or liberty of a party or child, the information must be sealed and kept from the other party and the public unless the court orders disclosure after a hearing that weighs those risks and finds disclosure in the interest of justice. And a party disclosing that the child lives or lived in a family violence shelter gives only the shelter’s name and state, which satisfies the address requirement and avoids violating § 19-13-23, which makes knowingly disclosing a shelter’s location a misdemeanor. The court uses this information under § 19-9-66 to spot competing cases in other states.