§ 19-9-83.Recognition of foreign custody decrees; remedies
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 3. Jurisdiction and Enforcement of Foreign Decrees · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-83
Plain-English Summary
A custody order shouldn’t lose its force at the state line. This section makes that a duty. A Georgia court shall recognize and enforce a child custody determination made by a court of another state if two conditions are met. First, the other court exercised jurisdiction in substantial conformity with the Act, or the determination was made under factual circumstances meeting the Act’s jurisdictional standards. Second, the determination has not been modified in accordance with the Act.
The first condition reaches orders from states whose own law differs a little from Georgia’s, so long as the facts would have supported jurisdiction under the Act’s standards — home state, significant connection and the rest in §§ 19-9-61 through 19-9-64. The second condition makes sure Georgia enforces the current, valid order rather than one a court with jurisdiction has since replaced.
Subsection (b) widens the toolbox. A Georgia court may use any remedy available under other Georgia laws to enforce an out-of-state custody determination, and the remedies in Part 3 are cumulative — they don’t displace other remedies. The Part 3 remedies include registration under § 19-9-85, an expedited enforcement petition under § 19-9-88, an order for immediate physical custody under § 19-9-90 and a warrant under § 19-9-91. A related rule, § 19-9-93, requires Georgia to give full faith and credit to another state’s order enforcing a custody determination. Recognition isn’t modification: changing another state’s order still requires meeting § 19-9-63.
Frequently Asked Questions
Will Georgia enforce my custody order from another state?
Generally yes. Under § 19-9-83(a), a Georgia court shall recognize and enforce another state’s custody determination if that court exercised jurisdiction in substantial conformity with the Act, or the order was made under facts meeting the Act’s jurisdictional standards, and the order has not been modified in accordance with the Act.
Can the other parent resist enforcement by arguing the other state had no jurisdiction?
Possibly, if the order hasn’t been registered and confirmed. Georgia’s duty to enforce applies when the issuing court exercised jurisdiction in substantial conformity with the Act, or the facts met its jurisdictional standards. In an enforcement case, § 19-9-90 lets a respondent defend on lack of jurisdiction only if the order has not been registered and confirmed under § 19-9-85.
What remedies can a Georgia court use to enforce an out-of-state custody order?
Any remedy available under Georgia law, plus the Act’s own. Section 19-9-83(b) lets the court use any remedy under other Georgia laws and says the remedies in Part 3 are cumulative. Part 3 includes registration under § 19-9-85, an enforcement petition under § 19-9-88, immediate physical custody under § 19-9-90 and a warrant under § 19-9-91.
Do I have to register my out-of-state custody order before Georgia will enforce it?
Section 19-9-83 doesn’t make registration a condition of enforcement. Under § 19-9-85, an order may be registered with or without a simultaneous request for enforcement. Registration has a benefit: once confirmed, it cuts off later challenges that could have been raised at registration, which narrows the defenses available in an enforcement case under § 19-9-90.
What if the other state’s custody order was later changed?
Georgia’s duty applies to a determination that has not been modified in accordance with the Act. If a court with jurisdiction to do so has modified the order, the duty doesn’t extend to the superseded version. Under § 19-9-90, a respondent may show that the order was vacated, stayed or modified by a court with jurisdiction under Part 2.
Amendment History
Laws 2001, p. 129, § 1.