§ 19-9-89.Service of petitions and orders
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 § 19-9-89
Plain-English Summary
After someone files a petition to enforce a custody order and the court issues its order to appear under § 19-9-88, the papers have to reach the right people. This section names them: the respondent, and any person who has physical custody of the child. A grandparent or other relative keeping the child may need to be served even though the case is against a parent.
The method is flexible. Service may be made by any method authorized by Georgia law, so the usual ways of serving court papers in Georgia apply. Because the hearing under § 19-9-88 must be held on the next judicial day after service of the order unless that date is impossible, service starts the clock.
There is one exception, for cases under § 19-9-91. When a court issues a warrant to take physical custody of a child because the child is imminently likely to suffer serious physical harm or be removed from Georgia, that section controls service: the respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody. That timing keeps advance notice from defeating the warrant’s purpose.
Frequently Asked Questions
Who has to be served with a petition to enforce a custody order in Georgia?
The respondent and any person who has physical custody of the child. Both the petition and the court’s order must be served on them. If someone other than the respondent is keeping the child, that person must be served too.
How is a UCCJEA enforcement petition served in Georgia?
By any method authorized by Georgia law. This section doesn’t create a special method; it borrows the ways Georgia already allows court papers to be served. Because the hearing is usually held the next judicial day after service of the order, prompt service matters.
Is the other parent warned before police pick up a child under a custody warrant?
Not necessarily. This section’s service rule yields to § 19-9-91. When a court issues a warrant to take physical custody of a child, the respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody, so the respondent may get no notice before the pickup.
Do I need to serve the grandparent who is keeping my child?
If the grandparent has physical custody of the child, yes. This section requires service on the respondent and on any person who has physical custody of the child, so a relative or other caregiver with the child must receive the petition and order.
When does the enforcement hearing happen after service?
Under § 19-9-88, on the next judicial day after service of the order unless that date is impossible, in which case the court must hold it on the first judicial day possible. The court may extend the date at the petitioner’s request. That’s why service under this section matters so much to the timetable.
Amendment History
Laws 2001, p. 129, § 1.