Legal Question in Family Law in Georgia
2 states..where do I file papers?
I was divorced in Georgia. My son moved to his father's in Louisiana when he was 14. I had custody of him. His father insisted I give him custody so he could provide insurance for our son. Now my son will be 17 in June and he wants to come and live with me in Georgia. My question is where do I have to file the papers (and what kind of papers do I need to file)to be able to bring my son back to Georgia. His father does not want him to leave and is telling him that he ''can't'' because he has custody. Please advise.
2 Answers from Attorneys
Re: 2 states..where do I file papers?
In Georgia, at least, a child over the age of 14 may decide which parent he/she wishes to live with. I wouldnt know of a similar provision of Louisiana law, if there is one. The modification action needs to be filed with the last state to provide an order on the issue or you could seek to domesticate the order in GA if there is a standing Louisiana order.
Re: 2 states..where do I file papers?
I'm going to disagree with the answer you were given. Assuming that your ex legally has custody under a divorce decree and has lived in his present state for at least 6 months, any action to change custody probably must be filed in the state where he lives unless he agrees to jurisdiction in Georgia (I'd have to see all the papers and hear more details to give a definitive answer though). With a 17 year old, a contested change of custody makes minimal sense; by the time it's resolved the child could be 18 and free to move anyway. But consult with a Louisiana lawyer to review your options there.
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