Legal Question in Family Law in Georgia

Which state has power over the other?

My wife and her X were never married, but had a child. They have a set of papers for child custody and visitation, etc.(from Georgia) Recently the father of the child took my wife back to court because he doesn't agree with the medication being given to the little girl.(ADHD) Also he is filing for custody. This is my Question: My wife is a South Carolina resident; she was one before they went back into the court room, before papers were served. Should it be in Georgia or South Carolina court? Also my wife and I couldn't afford a lawyer but the judge made my wife go through with the court hearing without a lawyer, I thought everyone was entitled to representation. Thank you for any and all help you can give me on this matter.


Asked on 12/22/04, 9:08 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Which state has power over the other?

She cannot afford NOT to hire counsel. Children are the most important thing a person has, and in a custody matter, especially with a multi-state component, she should not attempt to proceed without counsel. Courts do not appoint counsel in civil cases, only criminal ones. There is no right to counsel in a civil case.

As for which state would or should hear the case, that is a complex matter that would require review of the past and present pleadings, and information on who lived where at what point. Regardless, it is very possibly that by appearing without counsel, any possible objections to jurisdiction and venue may have been waived, so she could have lost a (possibly) winnable issue depending on what she filed.

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Answered on 12/22/04, 9:30 am


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