Legal Question in Family Law in Georgia

I have joint custody of my son but not physical custody. However his mother is going thru a separation with her current husband and we have decided together that he would be better off with me for now. Our divorce and custody was filed in MD but I now reside in GA. What forms need to be filed on my part and can I do that locally in GA or do i need to file anything in MD. On a side note her niece will be coming to as we have raised her since she was 3. She has court appointed custody of her. I currently pay child support for my son and how will that be affected once they are living with me next week.

I appreciate your time and advice,

Thank you very much

Chris


Asked on 6/20/10, 8:33 am

2 Answers from Attorneys
Paula McGill Attorney at Law

If the mother still lives in MD, you have to file any custody change in the county that issued the original order. Both of you could file a consent petition to modify custody and child support. For the niece, you would have to file a similar petition in Maryland. This would be a consent petition to obtain temporary custody. Both petitions should disclose your intention to take them to Georgia and why the change is necessary.

I am licensed in Maryland and Georgia and practice in both states. So, I'm available to discuss the matter with you.

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Answered on 6/20/10, 1:08 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I disagree with Paula as to the child you share. If both parties consent and one lives in Georgia, and you both agree to a waiver of venue, you can probably file here. You should do it with a lawyer, as it much more than a mere form. Visitation, support and other issues must be reworked. Feel free to contact me to discuss this.

As for the niece, I need more information to fully answer.

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Answered on 6/20/10, 3:40 pm


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