Q: How does joint custody work if both parents do not live in the same state?
We divorced in Georgia. The father is in the army and is still living in Georgia. He said it was fine for myself and both of our kids to go back to Ohio to stay with my family. I am confused how joint custody works for us since he does not see them the way it’s written in our child care plan. Which state should I seek legal help and is there anyway I can get primary custody over them since they live with me.
A: If you want to modify the visitation or change custody, you have to file for a modification in GA, since the father still lives in GA. Is it worth you going back to court just because he doesn't exercise the visitation he has? The state of GA retains jurisdiction over all family law matters until the father leaves and none of the parties reside in GA.
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