§ 19-9-70.Requiring appearance for in-state and out-of-state residents; other court orders

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. § 19-9-70 lets a Georgia judge order parties and anyone caring for the child who are in Georgia to appear in person, with or without the child, and to make another party cover travel costs when an out-of-state party comes to court.

Full Text of § 19-9-70

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

(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to Code Section 19-9-47 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this Code section.

(d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this Code section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

End

Plain-English Summary

A judge deciding custody often wants to see the people involved. This section gives the court that power. In a Georgia custody case, the court may order a party who is in Georgia to appear in person, with or without the child. It may also order anyone in Georgia who has physical custody or control of the child to appear in person with the child.

A party outside Georgia can’t be ordered in the same direct way, so the section uses the notice. When the court wants an out-of-state party present, it may order that the notice given under § 19-9-47 include a statement directing the party to appear in person, with or without the child, and informing the party that failing to appear may result in a decision adverse to that party. The court may enter any orders necessary to ensure the safety of the child and of anyone ordered to appear.

Money can be an obstacle, and the section addresses it. If an out-of-state party is directed to appear, or wants to appear in person with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses for the party and the child. Section 19-9-48 adds that coming to Georgia for the case doesn’t by itself subject a person to Georgia jurisdiction in other matters, and § 19-9-50 offers remote testimony as an alternative.

Frequently Asked Questions

Can a Georgia judge make me bring my child to court in a custody case?

Yes, if you are in Georgia. Under § 19-9-70(a), the court may order a party in Georgia to appear in person with or without the child. It may also order anyone in Georgia who has physical custody or control of the child to appear in person with the child.

I live out of state. Can the Georgia court order me to appear in person?

It can direct you to. Under § 19-9-70(b), the court may order that the notice given to you under § 19-9-47 include a statement directing you to appear in person, with or without the child, and warning that failure to appear may result in a decision adverse to you.

What happens if I don’t appear after a Georgia custody court directs me to?

You risk losing. The notice the court may send under § 19-9-70(b) warns that failure to appear may result in a decision adverse to you. The word is “may,” so the outcome remains the court’s decision, but staying away gives up your chance to be heard in person.

Who pays my travel costs to attend a custody hearing in Georgia?

Possibly the other party. Under § 19-9-70(d), if you are outside Georgia and are directed to appear, or you want to appear in person with or without the child, the court may require another party to pay your reasonable and necessary travel and other expenses, and the child’s. It is up to the judge.

Can the judge protect me or my child if we’re ordered to appear?

Yes. Section 19-9-70(c) lets the court enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. That can matter when family violence makes an in-person appearance risky. If safety is a concern, raise it with the court before the hearing date.

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: order to appear custody georgiabring child to court georgiatravel expenses custody hearingout of state parent appear custody hearing