§ 19-9-92.Awarding of necessary and reasonable expenses
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 § 19-9-92
Plain-English Summary
Enforcing a custody order across state lines costs money, and this section puts that cost on the party who loses. The court shall award the prevailing party — and a state can be a prevailing party — the necessary and reasonable expenses incurred by or on behalf of that party. The section names what the award includes: costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and child care during the proceedings.
The award is mandatory, with one escape hatch. The party from whom fees or expenses are sought can avoid the award only by establishing that it would be clearly inappropriate. That puts the burden on the paying side, and the standard is demanding. What counts as clearly inappropriate is left to the judge.
States get extra protection. The court may not assess fees, costs or expenses against a state unless some law other than this article authorizes it. So a state can recover expenses when it wins but can’t be charged when it loses unless another law allows it.
The expedited enforcement provisions point here. Under § 19-9-88, the order setting the hearing must warn the respondent about fees under this section, and § 19-9-90 requires the court to award them. Section 19-9-97 adds a separate rule for the expenses of district attorneys and law enforcement.
Frequently Asked Questions
Can I get attorney’s fees for enforcing an out-of-state custody order in Georgia?
Yes, if you win. The court shall award the prevailing party necessary and reasonable expenses, including attorney’s fees, unless the other side establishes that the award would be clearly inappropriate. Costs, communication expenses, investigative fees, witness expenses, travel expenses and child care during the proceedings are covered too.
Is the fee award in a custody enforcement case mandatory?
Yes, with one exception. The court shall award the prevailing party its necessary and reasonable expenses unless the party from whom they are sought establishes that the award would be clearly inappropriate. The burden is on the party resisting the award, and whether that standard is met is up to the judge.
Can I recover travel and child care costs for a custody enforcement case?
Yes, if you are the prevailing party, as part of your necessary and reasonable expenses. The section names travel expenses and child care during the course of the proceedings, along with costs, communication expenses, attorney’s fees, investigative fees and witness expenses. The other side can avoid the award only by showing it would be clearly inappropriate.
Can a state be ordered to pay fees in a UCCJEA case?
Not under this article. The court may not assess fees, costs or expenses against a state unless authorized by some other law. A state that wins, though, can recover its expenses, because the section expressly includes a state as a prevailing party.
How do I avoid paying the other parent’s fees in a custody enforcement case?
By prevailing, or by establishing that an award would be clearly inappropriate. The court must award the prevailing party its necessary and reasonable expenses unless the party from whom fees or expenses are sought makes that showing. What counts as clearly inappropriate depends on the facts and the judge’s view of them.
Amendment History
Laws 2001, p. 129, § 1.