Legal Question in Family Law in Georgia

I am in Georgia. Ex has sole physical custody of son. We have joint legal custody. I will be filing for modification of custody (asking for sole physical custody).

Original case was in 2005 in County A, where we both lived.

After disposition, ex moved to County B. Between 2005-2010, ex has moved 7 times, back and forth between Counties A and B. Most recent move was to County B, this week; our son has been moved to a school in County B. Ex states she plans on living there 18 months, then does not know where she will move. Beginning 2008, ex asked that I start mailing CS payments to her place of employment, in County B; I have done so from 2008 to current date.

Where do I legally *have* to file, say, in 2 months? Do I have a choice by any chance, given the circumstances?


Asked on 10/13/10, 6:12 pm

3 Answers from Attorneys
Phillip M. Cook Cook Legal Services, LLC

No choice. You MUST file in County A, if that's where the original custody order was issued.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/18/10, 6:24 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Phillip is possibly wrong as I read your facts (note that you have left out much of what is needed to answer you, and I'd want to read your paperwork and get details on the dates of each move).

The case probably should be filed in the county where the Defendant resides.

The chance of winning a change of custody without a lawyer is near zero. While no lawyer can guarantee your odds, a lawyer can (1) assess your case, and (2) help make sure it is presented properly.

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Answered on 10/18/10, 7:21 pm
Phillip M. Cook Cook Legal Services, LLC

Again, there is no choice. You MUST file in County A for the modification. The court that made the original custody decision will retain jurisdiction over the case unless you can show that the child(ren) and parents no longer have significant connections to the county AND the court agrees to surrender its jurisdiction. In either case, the petition to modify custody must first be filed in the county courthouse where the original custody decision was made.

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Answered on 10/25/10, 6:03 am


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