Jonesboro, GA asked in Family Law for Georgia

Q: I currently reside in Georgia and need to transfer my child support case from Virginia to here.

I went on the website for the court in Virginia but could not find the motion to transfer form.

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1 Lawyer Answer
Eric J. Garber
Eric J. Garber
Answered
  • Augusta, GA
  • Licensed in Georgia

A: Assuming you mean there is a presently-pending child support contempt/modification in Virginia, you will likely have a very difficult time moving the case unless you are the one who originally brought said case in Virginia. If your ex-spouse (or the other parent to the subject child) initiated the case in Virginia, you would have to petition the Virginia Court to transfer the case to a Georgia Court;having said that however, unless the child primarily resides in Georgia (or neither party nor the child(ren) reside in Virginia), it is highly unlikely the Court will allow the transfer. This is a very fact-intensive question and/or process, and I highly suggest you speak with a family law attorney in person about this issue; I would recommend speaking to a Georgia attorney first, who can then likely advise you whether you should proceed with the attempt to transfer and/or retaining a Virginia attorney.

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