Greeneville, TN asked in Family Law, Child Custody and Child Support for Tennessee

Q: In which state should a motion for modification of custody be filed?

Current custody order was finalized in GA approx 9 years ago, but minor child and CP have resided in TN since 2015. NCP has had no contact and provided no support for the last two years. NCP still resides in GA, but is currently incarcerated (in GA) awaiting trial regarding felony drug charges, including possession with intent to distribute of Schedule II drug. I would like to first file modification to be awarded full legal and physical custody, along with motion for contempt. I am very unsure about which venue to file such petitions.

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Divorce Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Since the child has resided in Tennessee for the past few years, it seems to me that Tennessee has jurisdiction. However, it also seems likely tome that you would need to "domesticate" the Georgia custody order in Tennessee. there is a process for doing that which allows one state to enforce the orders form another State court. Once it has been domesticated here, it become a Tennessee order as well. and therefore would be subject to being modified by a Tennessee judge.

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