Legal Question in Family Law in Georgia
Child Custody case
To escape an abusive husband, a family member left the state of GA and moved to TN w/ her 3 year old. THe father's mother filed for emergency custody in GA and the mother of the child was not served papers to be in court(the authorities in GA knew where she was), the mother-in-law was grated temp custody because the mother was not in court and the father did not fight. The child was taken from his mother on Saturday morning in TN and a court date was set for 09/05. Can the temp order be reversed in TN or will the entire case have to take place in GA?? PLease respond, the mother is contemplating returning to the abusive father because she wants to be with her son.
1 Answer from Attorneys
Re: Child Custody case
Jurisdiction of initial custody cases is determined by a statute called the UCCJEA. Under this statute, the courts of the State in which the child has lived for the previous 6 months (called the child's "home state") have jurisdiction. There are exceptions, but that is the primary factor the court will look at in such cases.
The mom could have filed a family violence case in the county where she and the dad lived and custody could have been determined in that action. Under the circumstances you have described, though, the court where the action was filed by the mother in law is probably where mom will have to fight the case now, assuming that it is the proper venue in Georgia.
She should certainly hire an attorney to represent her in this most important case.
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