§ 19-9-91.Verified application for warrant seeking physical custody; requirement for serious physical harm; warrant requirements; enforceability; conditions
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 § 19-9-91
Plain-English Summary
The pickup warrant is the UCCJEA’s emergency tool. After filing a petition to enforce a custody determination, the petitioner may file a verified application for a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from Georgia. The application must include the same statements a petition requires under § 19-9-88(b).
The court may issue the warrant if, on the testimony of the petitioner or another witness, it finds the child is imminently likely to suffer serious physical harm or be removed from the state. The warrant must recite the facts behind that conclusion, direct law enforcement officers to take physical custody of the child immediately, and provide for the child’s placement until final relief. The court may impose conditions on placement to make sure the child and the child’s custodian appear.
Officers act first; notice follows. The respondent must be served with the petition, warrant and order immediately after the child is taken into custody, and the petition must be heard on the next judicial day after the warrant is executed unless that date is impossible, in which case the court must hold the hearing on the first judicial day possible.
The warrant is enforceable anywhere in Georgia. If the court finds, on testimony, that a less intrusive remedy won’t work, it may authorize officers to enter private property to take the child. And if exigent circumstances require it, the court may authorize a forcible entry at any hour. Each step up is discretionary and rests on the judge’s findings.
Frequently Asked Questions
Can police pick up my child under an out-of-state custody order in Georgia?
Yes, if a Georgia court issues a warrant under this section. After a petition to enforce the custody order is filed, the petitioner may apply for a warrant. The court may issue it if, on testimony, it finds the child is imminently likely to suffer serious physical harm or be removed from Georgia. The warrant directs law enforcement officers to take physical custody of the child immediately.
What do I have to show to get a warrant to take physical custody of my child?
That the child is imminently likely to suffer serious physical harm or be removed from Georgia. You must first file a petition seeking enforcement, then a verified application that includes the statements required by § 19-9-88(b). The court decides on the testimony of the petitioner or another witness, and issuing the warrant is up to the judge.
Can officers enter a house to take a child under a custody warrant?
Only if the court authorizes it. If the court finds, based on the testimony of the petitioner or another witness, that a less intrusive remedy is not effective, it may authorize officers to enter private property to take the child. If exigent circumstances require it, the court may also authorize a forcible entry at any hour.
When is the hearing after a child is picked up under a warrant?
On the next judicial day after the warrant is executed, unless that date is impossible; then the court must hold the hearing on the first judicial day possible. The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.
Where does the child stay after being picked up under a custody warrant?
Wherever the warrant provides. Every warrant must provide for the placement of the child pending final relief, and the court may impose conditions on that placement to ensure that the child and the child’s custodian appear. The section doesn’t require placement with the petitioner; the judge decides.
Amendment History
Laws 2001, p. 129, § 1.