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Georgia Family Law- Jurisdiction and Service of Process

By Morgan, Lewis & Bockius LLP– March 31, 2021

Disclaimer: This Toolkit was developed under grant number SJI-20-E-005 from the State Justice

Institute. The points of view expressed are those of the authors and do not necessarily represent the official

position or policies of the State Justice Institute. While the Child Abuse Neglect Jurisdiction and Service/Notice

Requirements Chart is a useful resource, it does not remove the responsibility of each and every lawyer to

engage in original analysis and research.

Custody Determination -Jurisdiction

Initial Custody Determination

O.C.G.A. 19-9-61 (2010)

19-9-61. Jurisdiction requirements for initial child custody determinations; physical presence alone insufficient

(a) Except as otherwise provided in Code Section 19-9-64, a court of this state has jurisdiction to

make an initial child custody determination only if:

(1) This state is the home state of the child on the date of the commencement of the proceeding, or was

the home state of the child within six months before the commencement of the proceeding and the child is

absent from this state but a parent or person acting as a parent continues to live in this state;

(2) A court of another state does not have jurisdiction under paragraph (1) of this subsection, or a court

of the home state of the child has declined to exercise jurisdiction on the ground that this state is the

more appropriate forum under Code Section 19-9-67 or 19-9-68 and:

(A) The child and the child's parents, or the child and at least one parent or a person acting as

a parent, have a significant connection with this state other than mere physical presence; and

(B) Substantial evidence is available in this state concerning the child's care, protection,

training, and personal relationships;

(3) All courts having jurisdiction under paragraph (1) or (2) of this subsection have declined to

exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine

the custody of the child under Code Section 19-9-67 or 19-9-68; or

(4) No court of any other state would have jurisdiction under the criteria specified in paragraph (1),

(2), or (3) of this subsection.

(b) Subsection (a) of this Code section is the exclusive jurisdictional basis for

making a child custody determination by a court of this state.

sufficient to make a child custody determination.

Temporary Emergency Jurisdiction

O.C.G.A. 19-9-64 (2010)

19-9-64. Temporary emergency jurisdiction; continuing effect; communicating with other courts

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the

child has been abandoned or it is necessary in an emergency to protect the child because the child or a

sibling or parent of the child is subjected to or threatened with mistreatment or abuse.

(b) If there is no previous child custody determination that is entitled to be enforced under this article and a

child custody proceeding has not been commenced in a court of a state having jurisdiction under Code

Sections 19-9-61 through 19-9-63, a child custody determination made under this Code section remains in

effect until an order is obtained from a court of a state having jurisdiction under Code Sections 19-9-61

through 19-9-63. If a child custody proceeding has not been or is not commenced in a court of a state

having jurisdiction under Code Sections 19-9-61 through 19-9-63, a child custody

determination made under this Code section becomes a final determination, if it so provides and this

state becomes the home state of the child.

custody proceeding has been commenced in a court of a state having jurisdiction under Code Sections 19-9-61

and 19-9-63, any order issued by a court of this state under this Code section must specify in the order a period

that the court considers adequate to allow the person seeking an order to obtain an order from the state having

jurisdiction under Code Sections 19-9-61 through 19-9-63. The order issued in this state remains in effect until an

order is obtained from the other state within the period specified or the period expires.

(d) A court of this state which has been asked to make a child custody determination under this Code section,

upon being informed that a child custody proceeding has been commenced in, or a child custody determination

has been made by, a court of a state having jurisdiction under Code Sections 19-9-61 through 19-9-63, shall

immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to

Code Sections 19-9-61 through 19-9-63, upon being informed that a child custody proceeding has been

commenced in, or a child custody determination has been made by, a court of another state under a statute similar

to this Code section, shall immediately communicate with the court of that state to resolve the emergency, protect

the safety of the parties and the child, and determine a period for the duration of the temporary order.

Custody Determination — Service/Notification Requirements

GA Code § 19-9-65 (2018)

(a) Before a child custody determination is made under this article, notice and an opportunity to be heard in

accordance with the standards of Code Section 19-9-47 must be given to all persons entitled to notice under the

law of this state as in a child custody proceeding between residents of this state, any parent whose parental rights

have not been previously terminated, and any person having physical custody of the child.

(b) This article does not govern the enforceability of a child custody determination made without notice or an

opportunity to be heard.

article are governed by the law of this state as in child custody proceedings between residents of this state.

GA Code § 19-9-66 (2018)

(a) Except as otherwise provided in Code Section 19-9-64, a court of this state may not exercise its jurisdiction

under this part if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the

child has been commenced in a court of another state having jurisdiction substantially in conformity with this

article; unless the proceeding has been terminated or is stayed by the court of the other state because a court of

this state is a more convenient forum under Code Section 19-9-67.

(b) Except as otherwise provided in Code Section 19-9-64, a court of this state, before hearing a child custody

proceeding, shall examine the court documents and other information supplied by the parties pursuant to Code

Section 19-9-69. If the court determines that a child custody proceeding has been commenced in a court in

another state having jurisdiction substantially in accordance with this article, the court of this state shall stay its

proceeding and communicate with the court of the other state. If the court of the state having jurisdiction

substantially in accordance with this article does not determine that the court of this state is a more appropriate

forum, the court of this state shall dismiss the proceeding.

proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child

custody determination has been commenced in another state, the court may:

(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing,

staying, denying, or dismissing the proceeding for enforcement;

(2) Enjoin the parties from continuing with the proceeding for enforcement; or

(3) Proceed with the modification under conditions it considers appropriate. GA Code § 19-9-70 (2018)

(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to

appear before the court in person with or without the child. The court may order any person who is in this state

and who has physical custody or control of the child to appear in person with the child.

(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court

may order that a notice given pursuant to Code Section 19-9-47 include a statement directing the party to appear

in person with or without the child and informing the party that failure to appear may result in a decision adverse

to the party.

under this Code section.

(d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of

this Code section or desires to appear personally before the court with or without the child, the court may require

another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the

child.

Paternity and Child Support Proceeding —Jurisdiction

GA Code § 19-6-26 (2018)

(b) A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a child support

order if the court has subject matter and personal jurisdiction to make such a child support order, and no previous

support order has been entered by a court of competent jurisdiction with respect to the child or children named in

the support order.

a child support order issued by a court of this state if the child or children named in the child support order or any

party to the action resides in this state.

(d) A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a modification of

a foreign child support order if:

(1) The court has subject matter and personal jurisdiction over the nonmoving party; and

(2) The court of the state issuing the order sought to be modified no longer has continuing, exclusive jurisdiction

to modify said order as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section

173813, as amended.

(3) The parties file a written consent allowing the court to assume continuing, exclusive jurisdiction. This Code

section shall be interpreted to effectuate the provisions of Article 3 of Chapter 11 of this title.

(e) Jurisdiction within this state to enforce, by a contempt proceeding or otherwise, a child support order entered

by or registered with a court of this state shall be vested concurrently in the court issuing such order, in the court

in the county where the person owing the duty of support may be found or is employed, and for in rem

proceedings only, in the court in the county where property may be found which is subject to seizure, sale,

foreclosure, or other process for application toward the support obligation.

Paternity and Child Support Proceeding — Service/Notification Requirements

GA Code § 19-6-28 (2018)

(a) In addition to other powers specified in this chapter, the court shall have the power to subject the respondent to

such terms and conditions as the court may deem proper to assure compliance with its orders and, in particular,

shall have the power to punish the respondent who violates any order of the court to the same extent as is

provided by law for contempt of the court in any other action or proceeding cognizable by the court. Any

proceeding for compliance pursuant to this authority shall be a part of the underlying action, and a motion for

such enforcement shall not constitute the filing of a new action or require the payment of a new filing fee.

(b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for

contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-

class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a

notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section

and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of

service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such

filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the

petitioner within ten days after the date of such mailing, the petitioner shall notify the clerk of court and

deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-

4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent

after motion and hearing establishes to the court that there is good reason why such person should not be

so charged. A child support contempt motion shall be served upon a respondent with a notice that

contains a date certain for hearing which shall be no later than 30 days from the date of service of the

motion, unless good cause for a later date is found by the court, in which event the time for a hearing may

be extended for up to 30 days.

substantially as follows:

IN THE SUPERIOR COURT OF COUNTY

STATE OF GEORGIA

Plaintiff v. Defendant

Civil action

File no.

RULE NISI NOTICE AND

ACKNOWLEDGMENT

To: (insert the name and address of the person to be served)

The enclosed motion and rule nisi are served pursuant to Official Code of

Georgia Annotated Section 19-6-28.

You must complete the acknowledgment part of this form and mail one copy of

the completed form to the sender within ten days of the date of mailing to

you, which date is set out below.

You must sign and date the acknowledgment. If you are served on behalf of

another person and you are authorized to receive process, you must indicate

under your signature your authority.

If you do not complete and return this form to the sender within ten days,

you or the party on whose behalf you are being served will be required to pay

any expenses incurred in serving a summons and complaint in any other manner

permitted by law unless good and sufficient cause is shown to the contrary.

If you do complete and mail this form, you or the party on whose behalf you

are being served must appear and show cause why you should not be attached for

contempt at the time required by the enclosed rule nisi.

I declare, under penalty of perjury, that this Notice and Acknowledgment of

Receipt will have been mailed on the date set out below.

Signature

Date of mailing

ACKNOWLEDGMENT OF RECEIPT

OF SUMMONS AND COMPLAINT

I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-

captioned manner at (insert address). Signature

Printed name of signer

Authority to receive

service of process

Date of mailing

(d) Service in accordance with subsections (b) and (c) of this Code section is in addition to any other

method of service provided by law.

Child Abuse/Neglect Proceeding —Jurisdiction

C.G.A. § 15-11-150

Although dependency actions are generally initiated by the Division of Family and Children Services,

"any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of

the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition

alleging dependency."

GA Code § 15-11-10 (2018)

Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original

jurisdiction over juvenile matters and shall be the sole court for initiating action:

(1) Concerning any child who:

(A) Is alleged to be a delinquent child;

(B) Is alleged to be a child in need of services;

(D) Is alleged to be in need of treatment or commitment as a mentally ill or developmentally disabled

child;

(E) Has been placed under the supervision of the court or on probation to the court; provided, however,

that such jurisdiction shall be for the purpose of completing, effectuating, and enforcing such supervision

or a probation begun either prior to such child's seventeenth birthday if the order is entered as a

disposition for an adjudication for delinquency or prior to such child's eighteenth birthday if the order is

entered for an adjudication for a child in need of services;

(F) Has remained in foster care after such child's eighteenth birthday or who is receiving independent

living services from DFCS after such child's eighteenth birthday; provided, however, that such

jurisdiction shall be for the purpose of reviewing the status of such child and the services being provided

to such child as a result of such child's independent living plan or status as a child in foster care; or

(G) Requires a comprehensive services plan in accordance with Code Section 15-11-658;

(2) Concerning any individual under the age of 17 years alleged to have committed a juvenile traffic

offense as defined in Code Section 15-11-630; or

(3) Involving any proceedings:

(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of

any child if such consent is required by law;

(B) For permanent guardianship brought pursuant to the provisions of Article 3 of this chapter;

or adopted in this state;

(D) For the termination of the legal parent-child relationship and the rights of the biological father who is

not the legal father of the child in accordance with Article 4 of this chapter; provided, however, that such

jurisdiction shall not affect the superior court's exclusive jurisdiction to terminate the legal parent-child

relationship and the rights of a biological father who is not the legal father of the child as set forth in

Chapters 6 through 9 of Title 19;

(E) For emancipation brought pursuant to the provisions of Article 10 of this chapter;

(F) Under Article 8 of this chapter, relating to prior notice to a parent, guardian, or legal custodian relative

to an unemancipated minor's decision to seek an abortion; or

(G) Brought by a local board of education pursuant to Code Section 20-2-766.1, relating to court orders

Requiring that a parent, guardian, or legal custodian attend a conference or participate in programs or

treatment to improve a student's behavior.

Child Abuse/Neglect Proceeding — Service/Notification Requirements

GA Code § 15-11-152 (2018)

A petition alleging dependency shall be verified and may rely on information and belief and shall set forth

plainly and with particularity:

(1) The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best

interests of the child and the public that the proceeding be brought;

(2) The name, date of birth, and residence address of the child named in the petition;

(3) The name and residence address of the parent, guardian, or legal custodian of the child named in the

petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within

the state or if such place of residence address is unknown, the name of any known adult relative of such

child residing within the county or, if there is none, the known adult relative of such child residing nearest

to the location of the court;

(4) Whether the child named in the petition is in protective custody and, if so, the place of his or her foster

care and the time such child was taken into protective custody; and

(5) Whether any of the information required by this Code section is unknown. GA Code § 15-11-161

(2018)

(a) If a party to be served with a summons is within this state and can be found, the summons shall be

served upon him or her personally as soon as possible and at least 72 hours before the adjudication

hearing.

(b) If a party to be served is within this state and cannot be found but his or her address is known or can

be ascertained with due diligence, the summons shall be served upon such party at least five days before

the adjudication hearing by mailing him or her a copy by registered or certified mail or statutory

overnight delivery, return receipt requested.

due diligence, service of the summons shall be made at least five days before the adjudication hearing

either by delivering a copy to such party personally or by mailing a copy to him or her by registered or

certified mail or statutory overnight delivery, return receipt requested.

(d) If, after due diligence, a party to be served with a summons cannot be found and such party's address

cannot be ascertained, whether he or she is within or outside this state, the court may order service of the

summons upon him or her by publication. The adjudication hearing shall not be earlier than five days

after the date of the last publication.

(1) Service by publication shall be made once a week for four consecutive weeks in the official organ of

the county where the petition alleging dependency has been filed. Service shall be deemed complete upon

the date of the last publication.

(2) When served by publication, the notice shall contain the names of the parties, except that the

anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition alleging

dependency was filed. The notice shall indicate the general nature of the allegations and where a copy of

the petition alleging dependency can be obtained and require the party to be served by publication to

appear before the court at the time fixed to answer the allegations of the petition alleging dependency.

(3) Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a

copy of the notice, a copy of the order of service by publication, and a copy of the petition alleging

dependency to the last known address of the party being served by publication.

(e) Service of the summons may be made by any suitable person under the direction of the court.

(f) The court may authorize the payment from county funds of the costs of service and of necessary travel

expenses incurred by persons summoned or otherwise required to appear at the hearing.

Divorce and Legal Separation —Jurisdiction

GA Code § 9-10-91 (2018)

A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or

administrator, as to a cause of action arising from any of the acts, omissions, ownership, use, or possession

enumerated in this Code section, in the same manner as if he or she were a resident of this state, if in person or

through an agent, he or she:

(1) Transacts any business within this state;

(2) Commits a tortious act or omission within this state, except as to a cause of action for

defamation of character arising from the act;

(3) Commits a tortious injury in this state caused by an act or omission outside this state if the tort-feasor

regularly does or solicits business, or engages in any other persistent course of conduct, or derives

substantial revenue from goods used or consumed or services rendered in this state;

(4) Owns, uses, or possesses any real property situated within this state;

(5) With respect to proceedings for divorce, separate maintenance, annulment, or other domestic relations

action or with respect to an independent action for support of dependents, maintains a matrimonial domicile in

this state at the time of the commencement of this action or if the defendant resided in this state preceding the

commencement of the action, whether cohabiting during that time or not. This paragraph shall not change the

residency requirement for filing an action for divorce; or

(6) Has been subject to the exercise of jurisdiction of a court of this state which has resulted in an

order of alimony, child custody, child support, equitable apportionment of debt, or equitable division

of property if the action involves modification of such order and the moving party resides in this state

or if the action involves enforcement of such order notwithstanding the domicile of the moving party.

Divorce and Legal Separation —Service/Notification Requirements

GA Code § 9-11-4 (2017)

(1) The sheriff of the county where the action is brought or where the defendant is found or by such

sheriff's deputy;

(2) The marshal or sheriff of the court or by such official's deputy;

(3) Any citizen of the United States specially appointed by the court for that purpose;

(4) A person who is not a party, not younger than 18 years of age, and has been appointed by the court

to serve process or as a permanent process server; or

(5) A certified process server as provided in Code Section 9-11-4.1.

Where the service of process is made outside of the United States, after an order of publication, it may be

served either by any citizen of the United States or by any resident of the country, territory, colony, or province

who is specially appointed by the court for that purpose. When service is to be made within this state, the

person making such service shall make the service within five days from the time of receiving the summons

and complaint; but failure to make service within the five-day period will not invalidate a later service.

Adoption Proceeding — Jurisdiction

GA Code § 19-8-2 (2018)

(a) The superior courts of the several counties shall have exclusive jurisdiction in all matters of

adoption.

Adoption Proceeding — Service/Notification Requirements

GA Code § 19-8-2 (2018)

(b) All petitions for adoption under this article shall be filed in the county in which any petitioner resides,

except that:

(1) Upon good cause being shown, the court may, in its discretion, allow such petition to be filed in the

court of the county:

(A) Of the child's domicile;

(B) In which is located any child-placing agency having legal custody of the child;

(D) In which is located the office of the department having legal custody of the child;

(2) Any individual who is a resident of any United States army post or military reservation within this

state may file such petition in any county adjacent to the United States army post or military reservation;

and

(3) When a child has been placed for adoption with an individual who is a resident of another state in

compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children,

such petition shall be filed in:

(A) The court of the county where the child was born;

(B) The court of the county in which is located any child-placing agency having legal custody of the

child; or

Domestic Violence —Jurisdiction

GA Code § 19-13-2 (2018)

(a) Except for proceedings involving a nonresident respondent, the superior court of the county where the

respondent resides shall have jurisdiction over all proceedings under this article.

(b) For proceedings under this article involving a nonresident respondent, the superior court where the

petitioner resides or the superior court where an act involving family violence allegedly occurred shall

have jurisdiction, where the act involving family violence meets the elements for personal jurisdiction

provided for under paragraph (2) or (3) of Code Section 9¬10-91.

Domestic Violence— Service/Notification Requirements

GA Code § 19-13-3 (2018)

(a) A person who is not a minor may seek relief under this article by filing a petition with the superior

court alleging one or more acts of family violence. A person who is not a minor may also seek relief on

behalf of a minor by filing such a petition.

(b) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable

cause exists to establish that family violence has occurred in the past and may occur in the future, the

court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor

of the household from violence. If the court issues an ex parte order, a copy of the order shall be

immediately furnished to the petitioner and such order shall remain in effect until the court issues an order

dismissing such order or a hearing as set forth in subsection (c) of this Code section occurs, whichever

occurs first.

later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove

the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a

hearing cannot be scheduled within the county where the case is pending within the 30 day period the

same shall be scheduled and heard within any other county of that circuit. If a hearing is not held within

30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree.

(d) Family violence shelter or social service agency staff members designated by the court may explain to

all victims not represented by counsel the procedures for filling out and filing all forms and pleadings

necessary for the presentation of their petition to the court. The clerk of the court may provide forms for

petitions and pleadings to victims of family violence and to any other person designated by the superior

court pursuant to this Code section as authorized to advise victims on filling out and filing such petitions

and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms

or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be

performed without cost to the petitioners. The performance of such assistance shall not constitute the

practice of law as defined in Code Section 15-19-51.

(e) If the court finds a party is avoiding service to delay a hearing, the court may delay dismissal of the

petition for an additional 30 days.