Georgia § 19-9-90 Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant

Georgia Statutes

§ 19-9-90 — Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant

(a)Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:

(1)The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:

(A)The issuing court did not have jurisdiction under Part 2 of this article;

(B)The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of Code S

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(a) Unless the court issues a temporary emergency order pursuant to Code Section 19-9-64 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that: (A) The issuing court did not have jurisdiction under Part 2 of this article; (B) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article; or (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of Code Section 19-9-47 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) The child custody determination for which enforcement is sought was registered and confirmed under Code Section 19-9-85 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under Part 2 of this article. (b) The court shall award the fees, costs, and expenses authorized under Code Section 19-9-92 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this part.

Georgia § 19-9-90 (Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.