Section 19-11-113 – Limitation on jurisdiction of Georgia tribunal if action filed in another state or foreign country

May 11, 2021 | Family Law, Georgia

(a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) If relevant, Georgia is the home state of the child.
(b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia;
(2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and
(3) If relevant, the other state or foreign country is the home state of the child.

OCGA § 19-11-113

Amended by 2013 Ga. Laws 224,§ 1, eff. 7/1/2013.