Legal Question in Family Law in Arkansas

child wants to come home

My ex was awarded temporary custody of my son in 2002. When he was 18 months old she left Ga. and moved to Ar. She then forced paternity issues and requested a dna. She demanded this. I knew he was my son. After legitamation she was given full custody and I was awarded visitation. I travel 762 miles every three weeks to pick him up for a 3 week stay. She was ordered to pay half of the dna test, and my child would carry my name. I now find that she has a copy of the original birth cert. that she refused to put my name on, and has totally ignored the court order to uphold the new birth cert. Now she has enrolled my son in school in Ar. under her maiden name, is collecting food stamps and medical for him under the maiden name. He is questioning why he has to have that name. During the custody trial the judge stated that Ga. would retain jurisdiction. Does that apply now that residency has been established in Ar? Can she be held in contempt for ignoring the court order? Would the misuse of the name constitute identy fraud? I desperately need to file a modification, but need jurisdiction info. Also ex and new hubby have numerous domestic violence reports on record.

Thanks in advance for your help.


Asked on 7/22/05, 10:45 am

2 Answers from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: child wants to come home

Chances are, as long as you have lived in Georgia the entire time since the last order (which as I understand from your post was in Georgia), Georgia does indeed still have jurisdiction. You should review the Order and all of the facts with an attorney to verify that and to discuss your options on how to proceed.

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Answered on 7/22/05, 11:02 am
Charles W. Field Charles W. Field, Attorney at Law

Re: child wants to come home

Without being able to review your decree, it sounds like the GA court does indeed retain jurisdiction and can order her back here to answer contempt proceedings. You should consult with a local attorney.

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Answered on 7/22/05, 4:01 pm


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