Q: I live in Georgia my ex-wife and I have joint legal custody of our 2 children with her as the primary custodian
She moved to Alabama to live with a boyfriend 2 years ago, they got married recently, since the move I only have visitation on school holidays and summer break. She never notified the court of her move or modified our parenting plan because of the move.My son now does not want to return to Alabama and she refuses to discuss him living with me.So I know I’ll have to take this to court question is does it have to be in Alabama?..is it best to get an attorney in Alabama versus from Georgia where I live?
A: It all depends on where your divorce was handled. If your divorce was in GA you can file in GA as GA would have jurisdiction as long as at least one person with custody continues to reside there. Your ex may try to transfer it to Alabama after filing her own case here but you can mount a good fight. If your divorce was not in GA you are likely stuck with filing in Alabama.
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