Title 19, Chapter 9, Section 23
( 19-9-23)
(a) Except as otherwise provided in this Code section, after a court
has determined who is to be the legal custodian of a child, any
complaint seeking to obtain a change of legal custody of the child
shall be brought as a separate action in the county of residence of
the legal custodian of the child. (b) A complaint by the legal custodian seeking a change of legal
custody or visitation rights shall be brought as a separate action
in compliance with Article VI, Section II, Paragraph VI of the
Constitution of this state. (c) No complaint specified in subsection (a) or (b) of this Code
section shall be made: (1) As a counterclaim or in any other manner in response to a
petition for a writ of habeas corpus seeking to enforce a child
custody order; or (2) In response to any other action or motion seeking to enforce a
child custody order. (d) The use of a complaint in the nature of habeas corpus seeking a
change of child custody is prohibited. |