Atlanta, GA asked in Child Custody and Family Law for Georgia

Q: What motion do you file to change the jurisdiction of a custody case?

My husband's ex moved his child to South Carolina from Georgia 6 months ago. The original order was filed in Georgia. He wants to modify visitation but isn't sure if or how to transfer the jurisdiction of the case to South Carolina. What is the motion called that he'd have to file to change jurisdiction and is it possible the Georgia court would deny it even though the child lives in South Carolina now?

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2 Lawyer Answers
Regina Irene Edwards
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Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The case must be filed in Georgia. Georgia is the only state that has jurisdiction over the case. A Georgia judge may have the option to terminate its own jurisdiction and allow a case to be filed in South Carolina, but that is unlikely after only 6 months.

1 user found this answer helpful

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: This is a case that is going to be filed in Georgia. -Homer P. Jordan IV, Esq. 404-620-1558

1 user found this answer helpful

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