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?
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.
4 comments on “Which state has jurisdiction if my ex has moved states?”
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.
From 2014, when the move came about up until October 2017 (when I remarried), I sustained regular contact with our kids. My ex wife has not let me have contact with my children since Oct 2017. Since my ex wife has not let me talk to our kids in a year, I am at a point where I want to take her back to court to enforce my parenting time. There is confusion of where the jurisdiction lies? I still reside in Missouri, where jurisdiction originated.
my x lives in tn and I live in ky he has not paid child support for 1 year who do I see about getting paid child support
I’m pregnant and I am in the middle of a divorce. I have moved from Wisconsin to Oregon for my job. My child will never have lived in Wisconsin. Does Wisconsin still have jurisdiction to decide on custody and placement for my divorce? I am due in July.
My boyfriends wife took his biological son and daughter undetermined paternity to California when he went to prison. He was there for 4 yrs he’s been out for two had the same job sends child support every month of 200.00 he had seen his son twice since he’s been out she won’t let him see his so called daughter at all. She didn’t ask for permission from him when she keft. She lives with another man has another kid. She refuses to let him see his son and when he calls his son on the phone it’s not even his sons number it’s the moms. She gets mad and blasts on facebook that he’s a dead beat dad. Cuz he has a hard time communicating with his son on the phone cuz basically they have told the kid he’s worthless that’s not the case he’s a very upstanding man good family bsvkground. Works 7 days a week just to pay the bills. While he was in prison she had him sign papers basically saying he’s not responsible for any child support at all. She signed off on it. Why would California do that I thought only if a parent lost there rights or its not there kid they are exempt from child support well he wants a divorce and rights to his kids but we don’t know her address even can he file here and ask for her to move back here since the kids where born here they were married here. Not to mention she says he can’t see the kids cuz she don’t like me. She knows I’m save and he will get divorced