Legal Question in Family Law in Georgia

Possibly (and probably in Georgia).

You really did not provide sufficient information to adequately respond. However, you should be able to file for custody. There is an issue of jurisdiction. You would probably have to file in the County where the mother/children reside. I would suggest you speak with an attorney.

I agree with attorney Piraino. Just because a parent lives out of state does not mean you cannot obtain custody. However, you left out important information in your question, including:

(1) is there a current custody order;

(2) when was it issued;

(3) if you were not married to the mother, have you legitimated the child;

(4) if there is a current custody order, what material changes have happened since the order wasissued;

(5) why do you believe the child would be better off with you; and

(6) why do you want custody?

It would help to consult with an attorney first to determine your chances of modifying or obtaining custody.