Legal Question in Family Law in Tennessee

Change of Custody with two states involved

Divorced in June 2000, joint legal and physical custody. Child with Husband 9 months,mother 3 months. Child has been with the mother for 7 months out of the past year. Father is in Memphis, Tn, Mother in Atlanta, GA. Divorce was in Atlanta, GA. Child is currently in Memphis. Legal services in GA says the mother should file in TN, legal services in TN says mother should file in GA. Where should the mother file to change custody and child support?


Asked on 10/12/00, 8:54 am

1 Answer from Attorneys
Stephen Worrall The Manely Firm, P.C.

Re: Change of Custody with two states involved

Assuming the child has been here for the entire 7 months with father's permission, mother MIGHT be able to file in Georgia since child has been there for over six months. Georgia does not currently retain jurisdiction in custody cases and if a Tennessee court has modified at any time since divorce, probably will have to go to Tennessee, since father still resides there.

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Answered on 11/06/00, 8:20 am


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