Section 19-9-23 – Actions to obtain change of legal or physical custody; use of certain complaints prohibited

May 11, 2021 | Family Law, Georgia

(a) A complaint seeking a change of legal custody or physical custody shall be initiated in compliance with Article VI, Section II, Paragraph VI of the Constitution of this state.
(b) No complaint specified in subsection (a) of this Code section shall be made in response to:

(1) A petition for a writ of habeas corpus seeking to enforce a child custody order; or
(2) Any other action or motion seeking to enforce a child custody order, including, but not limited to, a motion for contempt.
(c) The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited.
(d) A party may bring a counterclaim for modification of legal custody or physical custody in response to a complaint brought under subsection (a) of this Code section.

OCGA § 19-9-23

Amended by 2019 Ga. Laws 281,§ 2, eff. 7/1/2019.