{"data":{"id":"us-ga/o.c.g.a.-19-9-90","jurisdiction":"us-ga","citation":"O.C.G.A. § 19-9-90","heading":"Finding of immediate physical custody; awarding of fees, costs, and expenses; drawing adverse inference from refusal to testify; spousal relationship irrelevant.","body":"(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:\n(1) The child custody determination has not been registered and confirmed under Code Section 19-9-85 and that:\n(A) The issuing court did not have jurisdiction under Part 2 of this article;\n(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\n(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\n(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.\n(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.\n(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.\n(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.","path":["TITLE 19 Domestic Relations","CHAPTER 9 Child Custody Proceedings","Article 3 Uniform Child Custody Jurisdiction and Enforcement Act","PART 3 Jurisdiction and Enforcement of Foreign Decrees"],"source_url":"https://archive.org/download/gov.ga.ocga.2018/release86.2022.11/gov.ga.ocga.title.19.odt","current_through":"Release 86 (2022-11)","vintage":"Public.Resource.Org bulk O.C.G.A., Release 86 (2022-11), retrieved 2026-09-17","retrieved_at":"2026-09-17T19:34:57Z","sha256":"4309461e9955db0067ab31ab4ed9d48879bbde46ef01803fabb051861fc86661","source_id":"us-ga","stale":false,"prev":"us-ga/o.c.g.a.-19-9-89","next":"us-ga/o.c.g.a.-19-9-91"},"notice":"GroundRules: Original legal text. Not legal advice."}