Legal Question in Family Law in Alabama
family law
my children are 14. they live in alabama with their father, but they want to live in georgia with their mother. each state says they have jurisdiction, they were born in georgia, but have lived in alabama for 10 years, which state haas jurisdiction and what state would i need a lawyer in
2 Answers from Attorneys
Re: family law
The answer will depend on a number of factors. If the divorce and custody order was in Georgia and you still live in Georgia, then Georgia may retain jurisdiction regardless of where the children and their father have moved. If the divorce and custody order was entered in Alabama and you are the one who moved out of that state, Alabama probably retains jurisdiction as long as the children or their father live there. If the order was entered in some other state, then Alabama would probably have jurisdiction because of how long the children have been there.
You should review the facts with a lawyer in both states to be certain.
Re: family law
Depending on where the custody decision was rendered, and if there have been any modifications since then, would be the basis of determination as to which court has jurisidiction. If it was rendered in Georgia and no modifications have occurred since then, I would say Georgia; and vice-versa if it was rendered in Alabama. Living in Alabama the court here could obtain jurisdiction from the Georgia courts upon a petition to the court here to take jurisdiction and no opposition from the other party.
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