Legal Question in Family Law in Georgia

Jurisdiction

I was just wondering; how does jurisdiction work? I got divorced in Savannah,Georgia and now live in Virginia, my ex-wife also moved and lives on the north west side of georgia.I guess my question is is jurisdiction by state or separated by town,county,etc.I am trying for custody of my daughter and want to file here in Va. What do I have to do to get jurisdiction here?The biggest question is does she have a case on jurisdiction?She is still in Georgia but 5 Hours from Savannah. Please help me if you can?


Asked on 6/17/04, 4:17 pm

3 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Jurisdiction

Unless there is some provision of VA law that provides otherwise (and you should check with local attorney on this point), you cannot establish jurisdiction in VA. You would have to file in the county of your ex's residence.

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Answered on 6/17/04, 4:24 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: Jurisdiction

You would file in the County where the legal custodian resides, which is presumably your Wife, unless Virginia law states otherwise.

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Answered on 6/17/04, 4:36 pm
Tommy Smith Law Offices of Tom C. Smith

Re: Jurisdiction

The definitve VA answer... are you ready.

You're out of luck! VA has adopted, along with many other states, a uniform act regarding child custody jurisdiction. VA law provides that the "home state" of a child has jurisdiction. The "home state" is the state where the child has resided for the last six months. It sounds like that is GA in your case and VA does not have jurisdiction.

Good luck.

www.tomcsmith.com

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Answered on 6/17/04, 9:56 pm


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