Title 19, Chapter 9, Section 4
( 19-9-4)
(a) On motion of either party in any action or proceeding involving
determination of the award of child custody between parents of the
child, when such motion contains a specific recitation of actual
abuse, neglect, or other overt acts which have adversely affected
the health and welfare of the child, the court may direct the
appropriate family and children services agency or any other
appropriate entity to investigate the home life and home environment
of each of the parents. In any action or proceeding involving
determination of the award of child custody between parents of the
child when during such proceedings a specific recitation of actual
abuse, neglect, or other overt acts which have adversely affected
the health and welfare of the child has been made the court shall
also have authority on its own motion to order such an investigation
if in the court's opinion the investigation would be useful in
determining placement or custody of the child. The court may also
direct either party to pay to the agency the reasonable cost, or any
portion thereof, of the investigation. The report of the
investigation will be made to the court directing the investigation.
Any report made at the direction of the court shall be made
available to either or both parties for a reasonable period of time
prior to the proceedings at which any temporary or permanent custody
is to be determined. Both parties shall have the right to confront
and cross-examine the person or persons who conducted the
investigation or compiled the report if adequate and legal notice is
given. (b) This Code section shall apply only with respect to actions or proceedings in which the issue of child custody is contested; and this Code section is not intended to alter or repeal Code Sections 49-5-40 through 49-5-44. |