Legal Question in Family Law in Georgia

Re: child custody

If he is still in Ohio, I believe Ohio retains jurisdiction as long as one of the parties or the children still live there, so you would need to file in Ohio. If he is not still in Ohio, you may need to wait until you have been in Georgia for 6 months.

You should check with an attorney in Ohio (possibly the one who handled the prior case for you) to get the answer on whether Ohio retains jurisdiction under the facts. If the answer is no, then you should see an attorney in Georgia about domesticating the Ohio order and filing a petition to modify it.

The other issue you should speak with both attorneys about is collecting the past due support. There are remedies available in both states (and possibly a third state if he has left Ohio) and your children are entitled to that support. There may be attorney's fees available to you in a collection proceeding. You could also go through the child support enforcement office in Georgia and they have resources that private attorneys do not, including employer locaters and tax refund intercepts.

Re: child custody

I apologize. I misread your question and had the states you left and were now in reversed. If he is still in Georgia, then I can tell you that Georgia does retain jurisdiction. If he is not, then you may be able to file in Ohio (the domestication and modification mentioned previously). Speak with an Ohio attorney about whether you have to reside there six months first.