§ 19-9-95.Actions by district attorney
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 § 19-9-95
Plain-English Summary
Parents chasing a hidden or wrongfully kept child often can’t do it alone. This section brings in the district attorney. In a case arising under the UCCJEA, or one involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action to locate a child, obtain the child’s return or enforce a child custody determination. That includes using the enforcement procedures in this part or any other available civil proceeding.
The district attorney’s power turns on one of four triggers: an existing child custody determination; a request from a court in a pending child custody proceeding; a reasonable belief that a criminal statute has been violated; or a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention. Any one is enough.
The word is “may.” The section authorizes the district attorney to act; it doesn’t require it. And when the district attorney acts, it’s on behalf of the court. The district attorney may not represent any party, so a parent who wants a lawyer of their own still needs one.
Section 19-9-96 lets law enforcement officers help at the district attorney’s request, and § 19-9-97 lets the court charge a losing respondent for the district attorney’s and officers’ direct expenses. Section 19-9-82 lets Georgia courts enforce a Hague Convention return order as if it were a custody determination.
Frequently Asked Questions
Can the district attorney help me find my child in Georgia?
The district attorney may help. In a case under the UCCJEA or the Hague Convention, the district attorney may take any lawful action to locate a child, obtain the child’s return or enforce a custody determination if there is an existing custody order, a court request, a reasonable belief that a criminal statute has been violated, or a reasonable belief of wrongful removal or retention under the Hague Convention. The section permits this action but doesn’t require it.
Does the district attorney represent me in a custody enforcement case?
No. A district attorney acting under this section acts on behalf of the court and may not represent any party. The district attorney can locate the child or enforce the order, but you would need your own lawyer to represent your personal interests.
Can a Georgia district attorney help return a child taken to another country?
Yes, in a case involving the Hague Convention on the Civil Aspects of International Child Abduction. The district attorney may act if there is a reasonable belief that the child has been wrongfully removed or retained in violation of that Convention, and may use any lawful action, including civil proceedings, to locate the child or obtain the child’s return.
Do I need a custody order before the district attorney will get involved?
Not necessarily. An existing custody determination is one of four triggers. The others are a request from a court in a pending custody case, a reasonable belief that a criminal statute has been violated, and a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention.
Who pays for the district attorney’s work in a custody case?
Amendment History
Laws 2001, p. 129, § 1.