Question:
Our child custody agreement says my ex, who has moved states since our divorce, gets our child for most of the summer break. We currently cannot agree on the dates in which I can take him back to where I am stationed after her summer visitation. I would like to address her moving to a new state as the reason for the change in circumstance hearing and modify the wording of the child custody agreement to try and alleviate the ambiguous wording seeing that her and I cannot agree on the dates. What state should I address these concerns in?
Answer:
First let me state that I am not licensed in the state of Georgia, although Cordell & Cordell does have attorneys who are licensed in the state of Georgia who would be happy to discuss your case with you.
Generally speaking, if Georgia has adopted the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA) then the Court that originally determined custody would retain exclusive and continuing jurisdiction over any and all issues arising out of the custody of the child until Georgia declined to exercise jurisdiction. It is possible to have a Court in another jurisdiction to assume jurisdiction over the custody issue if you meet that state’s requirements under its Custody and Jurisdiction statute.
You should consult with an attorney in Georgia to determine if the Georgia Court will still exercise jurisdiction in your case.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
Since 2011, my ex wife and I have had joint legal and physical custody over our two children. In August of 2014, my ex wife and two children moved from Clay County Missouri to Florida, We did not go through the court for modification as we were on more amicable terms.
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