Title 19, Chapter 9, Section 69
( 19-9-69)
(a) In a child custody proceeding, each party, in its first pleading
or in an attached affidavit, shall give information, if reasonably
ascertainable, under oath as to the child's present address or
whereabouts, the places where the child has lived during the last
five years, and the names and present addresses of the persons with
whom the child has lived during that period. The pleading or
affidavit must state whether the party: (1) Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of or
visitation with the child and, if so, identify the court, the case
number, and the date of the child custody determination, if any; (2) Knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and proceedings
relating to family violence, protective orders, termination of
parental rights, and adoptions and, if so, identify the court, the
case number, and the nature of the proceeding; and (3) Knows the names and addresses of any person not a party to the
proceeding who has physical custody of the child or claims rights
of legal custody or physical custody of, or visitation with, the
child and, if so, the names and addresses of those persons. (b) If the information required by subsection (a) of this Code
section is not furnished, the court, upon motion of a party or its
own motion, may stay the proceeding until the information is
furnished. (c) If the declaration as to any of the items described in
paragraphs (1) through (3) of subsection (a) of this Code section is
in the affirmative, the declarant shall give additional information
under oath as required by the court. The court may examine the
parties under oath as to details of the information furnished and
other matters pertinent to the court's jurisdiction and the
disposition of the case. (d) Each party has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the current
proceeding. (e) If a party alleges in an affidavit or a pleading under oath that
the health, safety, or liberty of a party or child would be
jeopardized by disclosure of identifying information, the
information must be sealed and may not be disclosed to the other
party or the public unless the court orders the disclosure to be
made after a hearing in which the court takes into consideration
the health, safety, or liberty of the party or child and determines
that the disclosure is in the interest of justice. (f) In providing the information required by subsection (a) of this Code section, a party who is disclosing that the child is or has been a resident of a family violence shelter shall provide only the name of the shelter and the state in which the shelter is located to avoid a violation of Code Section 19-13-23. A disclosure of the name of the shelter and the state in which the shelter is located shall be sufficient for the purposes of subsection (a) of this Code section. |