Q: Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order
Last year my divorce/parenting plan was signed off in Georgia. I have since moved To Arizona following my court order and have been a resident of Arizona along with my children for just over 6 months. My children’s father still lives in Georgia. We are in a dispute as our parenting plan contradicts itself. What state would be the presiding state to workout our disagreement since we can’t come to terms on it
A:
Since the original agreement was entered into in Georgia and the child's father remains in Georgia, the State of Georgia will retain jurisdiction over the dispute (see the UCCJEA for further information). Georgia MAY turn jurisdiction over to Arizona, but you would need a compelling reason and if the father has a competent attorney he will fight and likely win.
If you two cannot resolve the dispute without involving the court, you are going to need to retain Georgia counsel and be prepared to write a large check unless you intend to move back to Georgia to represent yourself.
I'm sure that is not what you wanted to hear. I wish you the best.
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